Many divorcing or recently divorced parents desire to move closer to family or away from their ex-spouse. These moves can be problematic if the move is a great distance. Here are some things to think about if you are contemplating a move.
You Have To Provide Your Ex-Spouse Notice
If you have a Utah divorce and you are the custodial parent and you want to move with the children, you must comply with the provisions of Utah Code Ann. 30-3-37, and provide notice to the other parent more than 60 days prior to your relocation. Your notice should include where you are moving, why you are moving and what you propose for a parent-time arrangement.
If Your Ex-Spouse Objects, The Court Will Look At What Is In Your Child's Best Interests
In Utah, Courts follow a "best interest" standard. This means that the Court looks to various factors to determine whether such a move would be in the best interest of the children. A non-exhaustive list of factors includes: What is the current parent-time/custody arrangement? Are both parents involved in the child's life? How old are the children? Are there any special needs? Check with an attorney to go over the individual factors and whether those factors weigh in favor of relocation.
If You Do Move, You May Have To Pay Transportation Costs For Visitation
When considering who shall be responsible for the transportation costs, the Court will consider: (a) the reason for the parent's relocation; (b) the additional costs or difficulty to both parents in exercising parent-time; and (c) the economic resources of both parents. The Court can also look at other factors as well. If you are going through a relocation situation, you should consult with an attorney to review the factors in your case.
Relocation situations are very difficult because there really is no middle ground. Either the children can move with you or they stay with your ex-spouse.
If you would like additional information, contact one of our Utah Divorce and Child Custody attorneys.