Relocating with your child after a divorce or separation is more than just a logistical decision. It can significantly impact your custody arrangement and your family dynamic.
In Utah, the law recognizes that moving can disrupt established parenting time and protects your child’s need to maintain meaningful connections with both parents. Understanding state relocation laws is essential to comply with legal requirements and protect your parental rights.
The 150-mile rule
In Utah, moving 150 miles or more from the other parent’s residence may trigger special legal requirements, including formal notice and possibly court approval. The law is designed to protect the child’s relationship with both parents and allow the nonrelocating parent to respond before the move disrupts the current schedule.
If the move is less than 150 miles, the relocation statute generally does not apply and the current court order stays in effect. However, a shorter move can still create logistical problems and coparents may need to work out practical adjustments on their own or have a judge modify the order if necessary.
Letting the other parent know
The relocating parent generally has to provide a written notice to the other parent at least 60 days before the move. The Notice of Relocation must have the reason for the move and the proposed date. This window allows the other parent time to object or for both parties to negotiate a new visitation schedule.
How courts decide to approve relocations
If the non-moving parent objects to the relocation, the court will hold a hearing to decide whether the move is in the child’s best interests. The judge may look at the following when making a decision:
- Reason for relocation
- Child’s relationship with both parents
- Educational and social impact on the child
- Child’s current age
The court may also weigh other relevant factors along with whether a revised parenting schedule could preserve the parental bond before approving the move or not.
Adjusting the parent-time schedule
When you relocate, your current visitation schedule may no longer be feasible. Utah law provides a relocation schedule that typically grants the following to the noncustodial parent:
- Half of summer break
- Alternating major holidays
- One weekend per month
- Regular virtual contact
While state law sets minimum requirements for relocation schedules, parents can choose to go beyond those when making a custom visitation schedule.
Protecting your family’s future
Relocating is a major transition that requires careful planning and proactive communication, especially when you need to formalize a new parenting plan. A lawyer can help you ensure the revised schedule remains supportive of your child’s well-being even after the move.