Few child custody disputes create more uncertainty than relocation. A parent may want
to move for a new job, remarriage, school, lower housing costs, or to be closer to family.
Those reasons may be legitimate. But when the move places the parents 150 miles or
more apart, it can seriously affect the child’s relationship with both parents.
Utah relocation law is not limited to moves “out of state.” The key issue is distance.
Under Utah Code § 81-9-209, “relocation” means moving 150 miles or more from the
residence of the other parent. A move from Salt Lake City to St. George may trigger
relocation issues even though both parents remain in Utah. A move across state lines
may trigger the same issues, but the state line is not what controls. Distance does.
Relocation Is More Than a Change of Address
When parents share custody or parent-time rights, relocation can disrupt much more
than travel time. It may affect school enrollment, extracurricular activities, holidays,
transportation costs, weekday parent-time, and the child’s relationship with extended
family.
Utah law recognizes that parents sometimes have valid reasons to relocate. Life
changes. Employment changes. Family support systems change. But courts also
recognize that children generally benefit from maintaining meaningful relationships with
both parents. The legal question is not simply whether the moving parent has a good
reason to move. The question is how the move affects the child and what custody and
parent-time arrangement will serve the child’s best interests.
The 60-Day Written Notice Requirement
Utah Code § 81-9-209 requires the relocating parent to provide written notice to the
other parent at least 60 days before the intended relocation. The purpose of notice is
not mere courtesy. It gives the other parent time to evaluate the proposed move,
negotiate changes if appropriate, and seek court relief if necessary.
The notice requirement of § 81-9-209 reads as follows:
(2) The relocating parent shall provide written notice to the other parent at least
60 days before the day on which the relocating parent intends to relocate.
(3) The written notice of relocation described in Subsection (2) shall contain
statements affirming:
(a) the parent-time provisions in Subsection (9) or a parent-time schedule
approved by both parties will be followed; and
(b) that a parent will not interfere with the other’s parental rights pursuant
to court ordered parent-time arrangements or the parent-time schedule
approved by both parties.
This requirement can apply in divorce cases, paternity cases, parentage actions, and
other cases involving court-ordered custody or parent-time. Never-married parents
should not assume relocation law does not apply merely because there was no divorce
decree. If there is a custody order, parent-time order, paternity order, adjudication of
parentage, or other court order establishing parental rights, relocation may matter.
Parents should also review their existing order. Some older Utah decrees and custody
orders refer to Utah Code § 30-3-37, the former relocation statute. Utah’s domestic
relations statutes were reorganized, and the relocation provision is now found at Utah
Code § 81-9-209. The 150-mile concept remains the key trigger.
Failing to provide proper notice can create serious problems. A court may view poor
communication about relocation as evidence of bad co-parenting, disregard for court
orders, or an attempt to interfere with the other parent’s relationship with the child.
What Happens During the 60-Day Notice Period?
The 60-day notice period is the window for the parents to either reach an agreement or
bring the issue before the court.
If both parents agree with the relocation and the proposed new parent-time schedule,
they should reduce the agreement to writing and, when appropriate, submit it to the
court for approval. Informal understandings are risky when long-distance parent-time,
travel costs, school breaks, and holidays are involved.
The relocating parent should not treat silence as guaranteed consent. The non-moving
parent should not assume that informal disagreement alone protects his or her rights. If
the parents do not agree, the dispute needs to be handled through the court process.
What If One Parent Objects?
If the non-moving parent objects to the relocation, the objection should be handled
promptly and formally. In most cases, that means filing a motion with the court before
the relocation occurs, asking the judge to decide whether the child may relocate and
what custody, parent-time, transportation, and child support changes are necessary.
A verbal objection, angry text message, or refusal to agree may not be enough. If the
non-moving parent wants the court to stop or limit the relocation, the issue needs to be
put before the judge.
The relocating parent should take an objection seriously. Moving first and fighting later
can create serious problems, especially if the move interferes with existing custody or
parent-time orders.
Can a Parent Move Without Court Approval?
A parent generally has the right to move himself or herself. The harder question is
whether the parent may move the child in a way that substantially changes the other
parent’s custody or parent-time.
If the move will make the existing schedule impractical, the parents need either an
agreement or a court order modifying custody and parent-time. A schedule that works
when parents live 10 miles apart may be impossible when they live 150 miles or more
apart.
A common mistake is assuming that a better job, new marriage, or nicer home
automatically justifies moving the child. Those facts may matter, but they do not decide
the issue by themselves. The court’s primary concern remains the child’s best interests.
How Courts Evaluate Relocation Disputes
In relocation cases, the court focuses on the child, not merely the preferences of either
parent. Relevant issues may include the reason for the move, the child’s relationship
with each parent, the child’s adjustment to home and school, the benefits of the move,
transportation costs, each parent’s willingness to support the child’s relationship with the
other parent, and whether the relocation request is made in good faith.
Relocation often requires a new custody or parent-time structure. Regular weekday
overnights may no longer be realistic. Courts may consider extended summer parent-
time, longer holiday and school-break periods, video calls, telephone contact, and
detailed travel arrangements. Transportation terms should address who pays, who
books travel, who drives, how delays are handled, and what happens if a parent fails to
cooperate.
Utah appellate cases illustrate these points. In Ross v. Ross (¶¶ 11–19), the Utah Court
of Appeals held that a parent sharing joint physical custody could not obtain the
practical custody change needed for relocation without filing the proper petition to
modify. In Martinez v. Sanchez-Garcia (¶¶ 15–17, 19), the court emphasized that a
move under 150 miles does not automatically trigger the relocation statute or prove a
material change in circumstances. In Gullickson v. Gullickson (¶¶ 26–29), the court
treated relocation as a best-interest and parent-time issue requiring practical orders
about transportation and long-distance parent-time. And in Donnelly v. Donnelly (¶¶
30–37, 50), the court showed that travel-cost allocation can depend on the facts,
including whether a parent is current on support. And in Jones v. Jones (¶¶ 10–15), the
court emphasized that the relocation statute does not rigidly require imposing the § 81-
9-209 parent-time schedule whenever parents live 150 miles or more apart, leaving
courts discretion to order standard parent-time when it serves the child’s best interests.
Before You Move
If you are seeking to relocate, gather documentation about employment, housing,
school options, child care, family support, and the proposed parenting schedule. Be
prepared to show how the child’s relationship with the other parent can still be
protected.
If you oppose relocation, stay focused on the child. Courts are more persuaded by
evidence showing how the move affects stability, schooling, parent-time, emotional
health, and family relationships than by broad accusations that the other parent is
selfish or unfair.
Before moving 150 miles or more from the other parent—or before responding to a
proposed relocation—understand your legal obligations, review your custody order, and
get advice about how Utah relocation law applies to your situation.
Utah Family Law, LC | divorceutah.com | 801-466-9277