If your divorce in finalized and you have children then I am sure that you know how it feels to know that you cannot move more than 150 miles away from where you are without giving your ex-spouse and the court notice. This intrusive statute may seem overbearing but it really protects both parents after divorce. At Arnold, Wadsworth & Coggins, our divorce and family law attorneys have handled several of these relocation cases in Utah family law courts.
The first question we usually get is what is the law in Utah concerning relocation of a parent. The Utah law is found in Utah Code Annotated 30-3-37:
30-3-37. Relocation.
(1) For purposes of this section, “relocation” means moving 150 miles or more from the residence specified in the court’s decree.
(2) The relocating parent shall provide, if possible, 60 days advance written notice of the intended relocation to the other parent. The written notice of relocation shall contain statements affirming the following:
(a) the parent-time provisions in Subsection (5) or a schedule approved by both parties will be followed; and
(b) neither parent will interfere with the other’s parental rights pursuant to court ordered parent-time arrangements, or the schedule approved by both parties.
(3) The court may, upon motion of any party or upon the court’s own motion, schedule a hearing with notice to review the notice of relocation and parent-time schedule as provided in Section 30-3-35 and make appropriate orders regarding the parent-time and costs for parent-time transportation.
(4) In determining the parent-time schedule and allocating the transportation costs, the court shall consider:
(a) the reason for the parent’s relocation;
(b) the additional costs or difficulty to both parents in exercising parent-time;
(c) the economic resources of both parents; and
(d) other factors the court considers necessary and relevant.
(5) Unless otherwise ordered by the court, upon the relocation, as defined in Subsection (1), of one of the parties the following schedule shall be the minimum requirements for parent-time with a school-age child:
(a) in years ending in an odd number, the child shall spend the following holidays with the noncustodial parent:
(i) Thanksgiving holiday beginning Wednesday until Sunday; and
(ii) Spring break, if applicable, beginning the last day of school before the holiday until the day before school resumes;
(b) in years ending in an even number, the child shall spend the following holidays with the noncustodial parent:
(i) the entire winter school break period; and
(ii) the Fall school break beginning the last day of school before the holiday until the day before school resumes;
(c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive weeks. The children should be returned to the custodial home no later than seven days before school begins; however, this week shall be counted when determining the amount of parent-time to be divided between the parents for the summer or off-track period; and
(d) one weekend per month, at the option and expense of the noncustodial parent.
(6) The noncustodial parent’s monthly weekend entitlement is subject to the following restrictions.
(a) If the noncustodial parent has not designated a specific weekend for parent-time, the noncustodial parent shall receive the last weekend of each month unless a holiday assigned to the custodial parent falls on that particular weekend. If a holiday assigned to the custodial parent falls on the last weekend of the month, the noncustodial parent shall be entitled to the next to the last weekend of the month.
(b) If a noncustodial parent’s extended parent-time or parent-time over a holiday extends into or through the first weekend of the next month, that weekend shall be considered the noncustodial parent’s monthly weekend entitlement for that month.
(c) If a child is out of school for teacher development days or snow days after the children begin the school year, or other days not included in the list of holidays in Subsection (5) and those days are contiguous with the noncustodial parent’s monthly weekend parent-time, those days shall be included in the weekend parent-time.
(7) The custodial parent is entitled to all parent-time not specifically allocated to the noncustodial parent.
(8) In the event finances and distance preclude the exercise of minimum parent-time for the noncustodial parent during the school year, the court should consider awarding more time for the noncustodial parent during the summer time if it is in the best interests of the children.
(9) Upon the motion of any party, the court may order uninterrupted parent-time with the noncustodial parent for a minimum of 30 days during extended parent-time, unless the court finds it is not in the best interests of the child. If the court orders uninterrupted parent-time during a period not covered by this section, it shall specify in its order which parent is responsible for the child’s travel expenses.
(10) Unless otherwise ordered by the court the relocating party shall be responsible for all the child’s travel expenses relating to Subsections (5)(a) and (b) and 1/2 of the child’s travel expenses relating to Subsection (5)(c), provided the noncustodial parent is current on all support obligations. If the noncustodial parent has been found in contempt for not being current on all support obligations, the noncustodial parent shall be responsible for all of the child’s travel expenses under Subsection (5), unless the court rules otherwise. Reimbursement by either responsible party to the other for the child’s travel expenses shall be made within 30 days of receipt of documents detailing those expenses.
(11) The court may apply this provision to any preexisting decree of divorce.
(12) Any action under this section may be set for an expedited hearing.
(13) A parent who fails to comply with the notice of relocation in Subsection (2) shall be in contempt of the court’s order.
As you can see this can be quite exhaustive of a statute. This statute is always changing based on the ever revolving world of post divorce lives. You will probably need an expert to decide and evaluate the relationship you have with your children. Also, if you are not the custodial parent you also have a very uphill battle. You will need to make sure you approach the case in an aggressive but smart fashion. We offer a free consultation at either of our offices whether in Salt Lake City or Ogden Utah. Feel free to give us a call to set up an appointment.
We have helped Divorce and Family law clients in Salt Lake City, Ogden, North Salt Lake, Sandy, Draper, Layton, South Jordan, West Jordan and other major cities in Utah. Call today.
Arnold, Wadsworth & Coggins Attorneys is a premier Utah law firm serving the Wasatch Front in the areas of family law, bankruptcy, criminal law, and civil litigation. Our attorneys provide clients with exceptional legal representation and personal attention. With over 35 years of trial practice and litigation experience, we bring big firm expertise at affordable rates
