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Can I Move Out of State with My Children?

On behalf of Emy A. Cordano, posted in Child Custody On Thursday, March 11, 2021

Suppose you have been divorced or separated from your spouse or partner for a few months or years. An opportunity arises that requires you to relocate. It may be a job opportunity, getting remarried, or maybe it was a move you have worked your whole life to make. If you have a child/ren but cannot work out parent time with your ex-spouse or partner, can you still leave with the child/ren, or will the courts deny you the right to make decisions about you and your family’s future?

Emy Cordano is a highly sought family law attorney. She will listen and give you the dedicated time to understand your family dynamics. When it comes to your best interests and the best interests of your children, you deserve an attorney that is knowledgeable about Utah custody laws and interstate child custody processes. When you need a child custody attorney in Salt Lake City, Utah, call Emy Cordano.

What Are the Laws for Relocation in Utah?

During a divorce or custody case, it’s customary that parents agree to a schedule for parent time. If one cannot be agreed upon, the courts determine the custody and parent-time arrangements. If one parent wishes to relocate and there is a court-ordered custody arrangement, custody can be very complicated. Often, the courts decide what’s best for the children on a case-by-case basis.

  • If both parents agree on the out-of-state move, they must have a written agreement, sign it, and turn it into the courts for the judge’s approval.
  • If the noncustodial parent does not agree to the move, a custody attorney and a mediator can be hired to help guide the parties toward a resolution.
  • Failing mediation, the parent that wishes to relocate must file a petition with the court to grant a request to move with the child/ren.

How will the courts determine whether to grant the request or not?

The courts weigh the decision based on the benefits of moving versus the disruption to the noncustodial parent’s parent-time rights.

A Utah Court of Appeals Decision Weighs Heavily on Future Cases of Relocation

In the case, Taylor v. Elison, the Utah Court of Appeals overturned a trial court’s decision. In the case;

  • The mother had physical custody of the children and shared legal custody;
  • The Divorce Decree stated that if the mother were to relocate out-of-state, physical custody would be transferred to the father;
  • Four years later, the mother relocated to Arizona to be remarried;
  • The father requested the court enforce the relocation provision of the Divorce Decree;
  • The results of the trial were to uphold the relocation provision and the district court transferred physical custody to the father;
  • The mother appealed;
  • In the Utah Court of Appeals, it was found that the children’s best interests be held in higher regard than a decree both parents agreed upon. That fundamental principle underlines every custody battle and should never be ignored. The Appeals Court overturned the district court decision and gave physical custody back to the mother

Every custody case is complicated and presents its own problems. If the parents cannot agree, every relocation can cause enormous strain on the divided family and especially the children. When you need a sensitive and caring attorney who will put you and your family first, you need Emy Cordano, attorney at law. Emy Cordano is very experienced in relocation cases involving interstate relocations. This has become a major issue, especially under Covid-19 with parents wanting to “flee” a state for another more open or more secure state.

Call Today

If you are a parent and want to relocate outside of Utah, or wish to prevent a parent from leaving the State of Utah with your child/ren, you need a lawyer knowledgeable in interstate custody. Emy Cordano is one of the best family law attorneys in this area and makes it her life’s work to be available to you and to fight for your rights. When you need a child custody lawyer in Salt Lake City, Utah, you need Emy Cordano, attorney at law. Contact us by clicking here or call us at 801-804-5152 for an initial consultation.

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