Salt Lake City Relocation Lawyers
Moving after a divorce or custody order can become complicated when the move will significantly change a child’s relationship with either parent. A new job, remarriage, family support, housing costs, military service, or other life circumstances may make moving desirable or necessary. But when parents live far enough apart, a relocation can affect school, transportation, holidays, parent-time, and the child’s day-to-day relationship with both parents.
Utah law has specific requirements when a parent plans to relocate 150 miles or more from the other parent’s residence. The relocating parent must provide at least 60 days’ written notice, and the court can review the relocation and determine an appropriate parent-time schedule and allocation of transportation costs.
At Medura Family Law, we understand that relocation cases involve more than the parent’s desire to move. They require careful consideration of the child’s best interests, the reasons for the move, each parent’s circumstances, and how the family can maintain meaningful relationships after the move. Our Salt Lake City relocation lawyers have substantial experience handling difficult custody matters and remain committed to resolving relocation disputes collaboratively whenever possible.
Utah’s 150-Mile Relocation Rule
Utah defines a relocation as moving 150 miles or more from the residence of the other parent. When that threshold is met, the relocating parent must provide written notice at least 60 days before the planned move.
The notice must explain the planned relocation and include statements that the parent will follow the applicable parent-time provisions or an agreed schedule and will not interfere with the other parent’s court-ordered parental rights. The notice may also propose a new parent-time schedule and explain how transportation costs should be divided.
The 150-mile rule is important, but it does not mean that every move of less than 150 miles is automatically insignificant. A shorter move could still make an existing custody or parent-time arrangement impractical, particularly in a family with a demanding school schedule or frequent exchanges.
Parents should therefore consider the practical effect of a proposed move, not simply the number of miles involved.
Relocation Is About the Child’s Best Interests
When a relocation is challenged or reviewed by the court, the central question is the child’s best interests.
Utah law directs the court to consider relevant circumstances when determining whether a custodial parent’s relocation is in the child’s best interest. If the court determines that the relocation is not in the child’s best interest and the custodial parent moves anyway, the court may order a change of custody.
This means that a relocation case is not simply a dispute between two parents over who has the right to move. The court is concerned with how the move will affect the child.
The reasons for the relocation can matter. So can the additional difficulty and expense of maintaining parent-time, the financial resources of both parents, and other circumstances relevant to the child’s welfare.
Reasons a Parent May Need to Relocate
Parents relocate for many legitimate reasons.
A parent may receive a better employment opportunity, need to move closer to family support, want to remarry, face changes in housing or finances, or need to relocate for military or other professional reasons. A parent may also want to move because the new location provides better educational, medical, or family resources for the child.
Utah law specifically requires the court to consider the reason for a relocation when determining how parent-time and transportation should be handled if the move is approved.
The reason for a move does not automatically determine the outcome. A parent with a legitimate reason to move may still need to address the effect of the relocation on the child and the other parent’s relationship with the child.
Our role is to help present the circumstances accurately and develop a proposal that addresses the legitimate needs of everyone involved.
The Effect of Relocation on Parent-Time
One of the biggest issues in a relocation case is how the existing parenting schedule can work after the move.
A schedule built around frequent weekday exchanges may no longer be practical when parents live several hours apart. Instead, parents may need to restructure parent-time around school breaks, holidays, summer vacation, or other longer periods.
Utah law provides a minimum relocation parent-time schedule for certain children when parents live at least 150 miles apart, unless the court orders otherwise. Parents can also agree to a different schedule.
A long-distance schedule may involve fewer exchanges but longer periods of parent-time. Technology can also help parents and children maintain regular communication between in-person visits.
The appropriate arrangement depends on the child’s age, school schedule, activities, developmental needs, relationship with each parent, and the practical realities of long-distance travel.
Transportation and the Cost of Relocation
Distance creates more than a scheduling problem. It creates a transportation problem.
Someone has to arrange and pay for flights, driving, rental cars, or other transportation necessary for the child to maintain parent-time with both parents.
When determining the post-relocation parent-time schedule, Utah law requires the court to consider the reason for the relocation, the additional costs or difficulty of exercising parent-time, the economic resources of both parents, and other relevant factors. The court can allocate transportation costs accordingly.
Parents can also address these issues in an agreement rather than leaving every transportation decision for a judge to make.
A carefully drafted relocation agreement should address who makes travel arrangements, who pays for transportation, where exchanges occur, what happens when flights are canceled, and how the parents will handle other predictable problems.
Relocation and Joint Physical Custody
Relocation can be particularly complicated when parents share substantial periods of physical custody.
Utah recognizes joint physical custody as an arrangement in which a child spends equal or nearly equal periods of physical custody and access with each parent. Physical distance between parents can make some forms of joint decision-making or shared physical custody impractical.
A move of substantial distance may therefore require more than simply changing the weekend schedule. The parents may need to reconsider the entire structure of the parenting plan.
In some families, a long-distance arrangement can work. In others, the distance may make the existing arrangement impossible to maintain. The best solution depends on the specific circumstances and the child’s needs.
Relocation During a Pending Custody Case
Relocation can arise while a divorce or custody case is still pending.
A parent may receive a job offer, decide to move closer to family, or face another circumstance that makes relocation relevant before the court has entered a final custody order.
Utah courts recognize relocation as one circumstance in which a temporary custody or parent-time order may be appropriate while a case is pending.
These situations can require quick action. Parents may need to address where the child will live while the case is pending, how parent-time will work temporarily, and whether the proposed move should proceed before the court has resolved the underlying custody dispute.
Early legal advice can be especially important when a move is being considered before a final custody arrangement exists.
Relocation and Domestic Violence
Relocation can take on a different character when a parent is moving because of domestic or family violence.
Utah’s relocation statute specifically addresses situations in which a parent relocates because of an act of domestic violence or family violence by the other parent. In that circumstance, the court is required to make specific findings and orders concerning the application of the relocation provisions.
Safety concerns can also affect broader custody and parent-time decisions.
When violence or abuse is involved, the focus should not be limited to transportation or scheduling. The family’s safety must be addressed as part of the custody analysis.
When Parents Agree About the Move
Not every relocation becomes a custody dispute.
Parents may agree that a move is appropriate and work together to create a new parenting plan. Reaching an agreement can allow parents to develop a schedule that fits their family’s actual needs rather than relying on a standard statutory schedule.
Even when parents agree, it is important to put the agreement in writing and, when appropriate, obtain a modified court order.
An informal understanding can become difficult to enforce if circumstances change or the relationship between the parents deteriorates. A carefully drafted agreement can establish clear expectations concerning parent-time, transportation, holidays, travel, communication, and other issues.
Our collaborative approach is particularly well suited to these situations. We can help parents identify the issues that need to be addressed and work toward an arrangement that allows the family to adapt to its new circumstances.
When Parents Disagree About the Move
A parent does not necessarily have the final say simply because the proposed relocation is important to that parent.
If the other parent objects, the court can review the relocation and make appropriate orders concerning parent-time and transportation. If the court determines that the relocation is not in the child’s best interest and the custodial parent relocates, the court may order a change of custody.
This makes relocation decisions particularly consequential.
A parent considering a move should understand the potential custody implications before relocating. A parent opposing a move should also understand what evidence will be relevant to demonstrating why the proposed relocation may not serve the child’s best interests.
Evidence in a Relocation Case
Relocation disputes can require substantial factual development.
Depending on the circumstances, relevant information may include the reason for the move, employment or housing opportunities, school options, family support, medical or developmental needs, the child’s relationships with each parent, the existing parent-time schedule, transportation logistics, and the financial consequences of the move.
The court may consider any other factors relevant to the child’s best interests.
A strong relocation case therefore requires more than arguing that a move is either good or bad. The proposed change should be evaluated in the context of the child’s actual life.
Resolving Salt Lake City Relocation Disputes Collaboratively
Relocation disputes can become highly emotional because one parent’s opportunity may feel like the other parent’s loss.
But the parents’ positions are not always mutually exclusive.
A parent may have a legitimate reason for moving while the other parent has a legitimate concern about losing regular contact with the child. A carefully designed parenting plan may be able to address both concerns.
Mediation can give parents a structured setting to discuss these issues. Collaborative processes can provide another way to develop a detailed agreement while allowing each parent to receive individual legal advice.
At Medura Family Law, we believe this kind of problem-solving is most often preferable to asking a judge to design the family’s future from the evidence presented in a courtroom.
Our attorneys have extensive experience with difficult custody litigation, including high-conflict matters. We know how to prepare and litigate a relocation case when necessary. But our commitment is to resolving complex family disputes collaboratively whenever a safe and workable resolution is possible.
When Litigation Becomes Necessary
Not every relocation dispute can be resolved through agreement.
A parent may have serious concerns about the child’s safety, one parent may refuse to negotiate in good faith, or the parties may simply be unable to agree about what arrangement serves the child best.
In those circumstances, litigation may be necessary.
Our attorneys bring decades of family law experience, including substantial experience handling difficult custody and high-conflict litigation. We can help develop the evidence, present the relevant facts, and advocate for our client’s position in court when litigation is the appropriate path.
But courtroom experience does not mean that litigation has to be the starting point. We use that experience to advise clients about their options and to help them make informed decisions about whether negotiation, mediation, collaborative resolution, or litigation makes the most sense.
Frequently Asked Questions About Relocation
How far can I move with my child after divorce?
Utah’s relocation statute applies when a parent moves 150 miles or more from the other parent’s residence. A parent planning such a move must provide at least 60 days’ written notice. The effect of the move on custody and parent-time can then be addressed through the statutory process, including a hearing if requested by either party or ordered by the court.
Can I relocate with my child if the other parent objects?
An objection does not automatically prevent a relocation, but the dispute may require court review. The court can determine whether the relocation is in the child’s best interest and can establish an appropriate parent-time and transportation arrangement. If the court determines that relocation is not in the child’s best interest and the custodial parent relocates anyway, the court may order a change of custody.
Who pays for transportation after a relocation?
Utah law directs the court to consider the additional costs or difficulty of exercising parent-time and the economic resources of both parents when allocating transportation costs. Parents can also agree on how transportation will be handled.
What happens to our parenting schedule after a relocation?
The existing schedule may need to be modified because long-distance parenting can make frequent exchanges impractical. Parents may agree on a new schedule, or the court can establish one. Utah law provides a minimum relocation schedule for certain children when the parents live at least 150 miles apart, unless the court orders otherwise.
Can I move if I am relocating because of domestic violence?
Utah’s relocation law specifically addresses moves made because of domestic or family violence and requires the court to make specific findings and orders concerning the situation. Safety should be addressed promptly, particularly when a child may be at risk.
Contact Medura Family Law for Relocation Matters in Salt Lake City Divorce and Custody Cases
A relocation can change nearly every aspect of a family’s custody arrangement. Whether you are considering a move or opposing one, we can help you understand the legal and practical consequences and work toward a parenting arrangement that protects your child’s interests. At Medura Family Law, we bring substantial custody and litigation experience while remaining committed to collaborative solutions whenever they can safely and effectively resolve the dispute. Contact our Salt Lake City family law team to discuss your relocation concerns.