Child Custody and Relocation Laws of Utah
It is important to understand that state law will dictate move-away requests by parents if a decree of divorce or paternity is not extremely specific in the event of parental relocation. Under Utah law, parents who wish to move more than 150 miles away are required to notify the non-custodial parent about their intention to relocate at least 60 days before the move is made. This notice must be a written notice delivered to the non-relocating parent and there are several other requirements for this notice.
When we turn to Utah laws regarding the relocation of a parent, we can see that if relocation is in the best interest of the child, “the court shall determine the parent-time schedule and allocate the transportation costs that will be incurred for the child to visit the non-custodial parent.”
In making its determination, the court will consider:
- The parent’s reason for relocation
- The additional costs or difficulties to both parents concerning parenting time
- The economic resources of both parents
- Other factors the court deems relevant to the situation of the parties and child
Unless the court orders otherwise, upon relocation of one of the parents, the following parent-time schedule will be the minimum for children aged 5 to 18:
- In years ending in odd numbers, the child will spend the following holidays with the non-custodial parent:
- Thanksgiving beginning Wednesday through Sunday
- Spring break (if applicable), beginning on the last day of school before the holiday until the day before school resumes
- In years ending in even numbers, the child will spend the following holidays with the non-custodial parent:
- The entire winter school break
- Fall break (if applicable), beginning the last day of school before the holiday until the day before school resumes
Unless otherwise determined in a court order, state law also stipulates the amount of time a child will spend with each parent during the summer. Additionally, the court may require that the child spend one weekend per month, at the option and expense, of the non-custodial parent.