Relocation Personalized & Caring Legal Representation

Relocation Attorney in Salt Lake City

Man holding couch with packing boxes behind it representing relocation

Utah Child Custody Laws When Relocating or Moving Out of State

Utah Code Section 30-3-37 defines “relocation” as moving 150 miles away from the child’s noncustodial parent. In most cases, moving out of state is considered relocation and requires permission from the noncustodial parent of the court. Whether or not the court approves relocation will depend on the case and the judge’s perspective.

Some courts routinely allow the parent who has been the primary caregiver to relocate. Other courts will not do so if the children have lived in Utah most of their lives—and that goes for even fairly young children. This kind of case requires highly skilled advocacy.

To learn more about your situation, your legal options, and how a relocation attorney in Salt Lake City can help you, call Ted Weckel, Attorney at Law at (801) 845-9029 and set up a consultation.

60-Day Advance Notice

Utah’s relocation statute requires the relocating party to provide 60-day advance notice to the other parent before moving. However, the courts frequently do not apply this provision, and they just consider the reasons for the move.

Reason for Relocating?

The statute requires the relocating party to provide a reason for the move to the court. Usually, getting a better job, marrying a person out of state, or living closer to extended family members who can help care for the children are good reasons that a court will consider. However, since relocation will mean a serious break in the relationship between the non-relocating parent and the children, Utah courts will frequently require the children to remain in Utah unless these reasons are compelling, or if there is no alternative. But again, since each district court judge is different (with their own perspective), sometimes the only reason given by the court for allowing the move is that the primary caregiver wants to move with the children.

Utah Uniform Child Custody Jurisdiction & Enforcement Act

Sometimes, a parent relocates with a child out of state before a custody determination has been made by any state court. Sometimes, both parents file a custody action in competing state courts. When either of these events occur, only one state court can have jurisdiction to make a custody determination.

Relocation after Divorce

Generally, the court(s) will consider where the home state of the child has been for the six months prior to the court’s initial determination of custody. Once a state court makes a custody determination, it generally maintains exclusive jurisdiction over the case unless the parties or the child no longer reside in the state. A state court having jurisdiction may decline jurisdiction because it is inconvenient to the parties or the child to litigate the case there.

Contact our relocation attorney in Salt Lake City today at (801) 845-9029 to schedule your initial consultation.

An Elite Family Law Attorney

Makes All The Difference
  • Utah State Bar Member Since 1991
  • Hundreds of Successful Mediations or Verdicts
  • Prepares an In-Depth Strategy for Every Case
  • 18 Published Appellate Opinions
  • 6 Years Experience as a Judge Pro Tempore
  • Nearly Three Decades of Experience