Salt Lake City Relocation Custody Attorney

Your Partner for Relocation Custody Matters

Divorce can bring many changes. One of the biggest is the relocation to a different city or state. Whether a career opportunity prompts the move, the need to be with supportive family and friends, or a new relationship, knowing your legal rights regarding your children is essential.

In Utah, a family court judge will generally not allow children to leave the state with one parent without the other parent’s consent. However, your case should be evaluated to determine your options for negotiating a move — yours or your former spouse’s.

Failure to exercise your legal rights can harm your child’s welfare. Selecting a Salt Lake City child relocation attorney can help resolve many of the complicated legal issues facing divorced parents who live far apart or may soon face the possibility of moving to a different location. Make sure your parental rights are protected, as well as your child’s best interests.

Call Emy A. Cordano Attorney at Law today at (801) 901-8159 or contact us online to schedule a meeting with our relocation custody lawyer in Salt Lake City!

Child Custody & Relocation Laws in Utah

It is essential 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 must notify the non-custodial parent about their intention to relocate at least 60 days before the move. 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 child's best interest, “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 stipulates the 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.

Moving Out of Utah Before Finalizing a Divorce

Utah uses the Uniform Child Custody Jurisdiction and Enforcement Act to regulate any parental relocations before divorce is finalized. This Act says that the child’s “home state” can make the initial custody determination, and the home state is usually defined by where the child has lived for six or more months. There are exceptions to this that help when a parent with children is fleeing from the other parent.