Relocation of a parent in divorce and custody cases

Notice of relocation

A custody and parent time order can include arrangements for when a parent relocates.

If an order does not include arrangements for when a parent relocates, Utah law has a process that either parent can request when one of the parents plans to move 150 miles or more from the residence of the other parent.

At least 60 days before the planned move, the parent who plans to move must send the other parent a Notice of Relocation that tells the other parent:

• about the upcoming move;
• how they propose parent time will work; and
• that they promise not to interfere with the other parent's parent time.

The Notice of Relocation can also include a proposed parent-time schedule, a proposed division of costs for parent-time transportation, or a proposed reimbursement schedule for transportation costs.

Utah Code Section 30-3-37.

More forms could be required if the parents have joint physical custody. Joint physical custody means the children stay at least 111 nights a year in the home of each parent. A parent who wants to relocate with the children must file a Petition to Modify Custody in addition to sending a Notice of Relocation. Ross v. Ross, 2019 UT App 104. See the Modifying Custody web page for more information and forms.

Motion for orders regarding relocation

A parent can ask the court to schedule a hearing to review the Notice of Relocation by filing a Motion for Orders Regarding Relocation.

A parent might ask for the hearing because they disagree with one or more things in the Notice, including:

• the other parent's plans to move with the child(ren)
• the proposed parent-time schedule
• the proposed division of costs for parent-time transportation
• the proposed reimbursement schedule for transportation costs

The parent filing the motion will need to arrange for it to be served on the other parent under Rule of Civil Procedure 4. This service requirement is different from service for most other motions. Utah Rule of Civil Procedure 106.

The court will schedule a hearing. At the hearing, the commissioner or judge will decide:

• Whether relocation of the custodial parent is in the best interest of the children. This could lead to a change of custody.
• Who will get parent-time, when they will get it and who will have to pay costs. This could also affect child support.

Guidelines and a minimum parent time schedule are included in Utah Code Section 30-3-37.

Jurisdiction

If a parent has already relocated with any children to another state the issue can be more complicated because Utah might not have "jurisdiction," or power, over the case.

Before spending the time and money to modify child custody in a Utah court, make sure that the Utah court, rather than the court of another state, has jurisdiction. For more information, see our chart outlining Jurisdiction to Modify a Custody or Parent-time Order.

For more information about the modification process, see our web pages about modifying custody, modifying child support and modifying parent-time.

Forms

Notice of Relocation

• Notice of Relocation - PDF | Word

Motion for Orders Regarding Relocation

Forms for the Moving Party

Required forms for the moving party

The motion must be served following Utah Rule of Civil Procedure 4.

• Motion for Orders Regarding Relocation - PDF | Word
• Notice of Hearing - PDF | Word
• Order on Motion for Orders Regarding Relocation - PDF | Word
• Proof of Service

Optional forms for the moving party

• Affidavit with Exhibit(s) - PDF | Word
  (to be used with exhibits, if any)
• Exhibit Summary - PDF | Word
  (to be used to describe voluminous exhibits, if any)
• Stipulation - PDF | Word
  (if the other party agrees to the motion after it has been filed)
• Statement Supporting the Motion - PDF | Word
  (if someone other than the moving party has a statement to make)
• Reply Memorandum Supporting Motion - PDF | Word
  (if the other party has disagreed with the motion and the moving party wishes to respond)
• Objection to Form of Order - PDF | Word
  (Used to object to the proposed order)

Forms for the Opposing Party

Required forms for the opposing party

• Memorandum Opposing Motion - PDF | Word

Optional forms for the opposing party

• Counter Motion - PDF | Word
  (if the opposing party has new arguments to make in response to the moving party's motion)
• Affidavit with Exhibit(s) - PDF | Word
  (to be used with exhibits, if any)
• Exhibit Summary - PDF | Word
  (to be used to describe voluminous exhibits, if any)
• Stipulation - PDF | Word
  (if the other party agrees to the motion after it has been filed)
• Findings of Fact, Conclusions of Law and Order - PDF | Word
  (if the opposing party is directed to complete the order)
• Objection to Form of Order - PDF | Word
  (Used to object to the proposed order)

Related Information

• Filing Procedures
• Finding Legal Help
• Free Legal Clinics
• Going to Court
• Mediation
• Rules of Civil Procedure
• Serving Papers
• Utah Code Section 30-3-37

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