It is becoming increasingly more common in our society for individuals to relocate to different cities, states and even overseas. Regardless of the reason for the relocation (new job, new spouse, military deployment, or health reasons), the relocating individual with children from a previous relationship who are subject to a custody order must consider Utah’s “Relocation Statute.”
In Utah, the legislature has enacted a statute (Utah Code Ann. § 30-3-37, commonly referred to as the “Relocation Statute”) that sets forth: (1) the obligations a relocating parent is required to satisfy PRIOR to relocating; and (2) the minimum parent-time/visitation schedule the non-custodial parent is entitled to exercise for children 5-18 years of age.
Obligations & Possible Hearing
Any parent who will be relocating 150 miles or more from the other parent’s residence is required to provide sixty (60) day advance written notice of the relocation to the other parent. The written notice must include a proposed parent-time schedule that the parties will follow and a statement that neither parent will interfere with the other parent’s parental rights in relation to parent-time schedules, whether ordered by the court or agreed to by the parties.
In cases where the primary physical custodian of the minor children is providing notice of the relocation, the sixty (60) day notice allows the non-custodial parent time to file the proper paperwork with the court to request that the other parent not be allowed to relocate with the minor children. In cases involving joint physical custody of the minor children, if the parties are unable to agree to such relocation, the matter generally must be brought back before the court to determine whether the parent requesting to relocate with the minor children will be allowed to do so or not.
To be clear, the court does not have the authority to prevent a parent from relocating, but can prevent a parent from relocating with the minor children.
Minimum Parent-time
The minimum parent-time/visitation schedule set forth in the Relocation Statute provides the non-custodial parent with less frequent parent-time than that previously enjoyed, but for much longer durations. Specifically, at a minimum, the non-custodial parent is allowed two of four major holidays (Thanksgiving, Spring break, Winter break and Fall break) during the year, one-half of the minor children’s summer or off-track time and one weekend per month. The non-custodial parent may also be entitled to more frequent parent-time if mutually agreed by both parents or ordered by the court.
Conclusion
A parent’s decision to relocate is difficult — the individual has to consider not only the impact of the relocation on her/him, but also the impact the relocation will have on the minor children and the other parent. Therefore, a relocation decision should be made with careful consideration of Utah’s Relocation Statute.
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