Divorce Attorney on Parent and Child Relocation

Providing guidance on child custody when moving in Utah

Child custody arrangements are initially made during a divorce and are meant to endure until the child reaches majority age. Yet, life is not static and circumstances can change significantly in a short time, unraveling the most carefully crafted parenting plan. A common occurrence is when a custodial parent feels the need to relocate with the children over a considerable distance. If you encounter this situation, you can rely on Victoria Cramer, a Salt Lake City attorney with 26 years of legal experience. Whether you are the parent who wants to move, or you are the noncustodial parent whose rights will be impacted, Ms. Cramer is ready to provide representation that upholds your parental rights while seeking a resolution in your children’s best interests.

Can you move out of Utah with your child?

If your children are under a child custody order, a parent’s freedom to move with them is limited. A local move that has little-to-no impact on the other parent’s visitation and does not compromise the kids’ safety and welfare is permissible. But to move a significant distance away, so that the other parent would find it difficult to maintain a close relationship, a parent may need to get permission from the court that issued the child custody order.

Is a relocation best for the child?

A court considering a relocation request looks at all the pertinent facts and weighs them carefully with the child’s best interests in mind. The parents’ desires and how the move would benefit them are factors to be considered. However, the overarching principle that guides the court is the potential benefit to the child, such as:

  • A better home environment
  • An improved standard of living
  • Better schools
  • Closer contact with extended family

The court will also weigh the negative consequences of the move, such as how it might impact the child’s relationship with the other parent. The court will not permit a move that significantly interrupts a nurturing relationship.

How far can a parent move with joint custody in Utah?

If a custodial parent moves 150 miles or more from the noncustodial parent, and the court determines the move is not in the children’s best interests, the court will apply the relocation statute. Utah Code Ann. Section 30-3-37 (renumbered as §81-9-209 as of September 1, 2024) provides that the children will live with the non-moving parent and that the relocating parent will have a guaranteed minimum of visitation days.

Modifying a custody order for relocation

A court might decide that a move will be in the child’s best interests as long as changes are made to the child custody order to preserve the relationship with the noncustodial parent. In many instances, a judge will award joint physical custody, so that the child resides with one parent during the school year and with the other parent during summer vacations and holidays. A Salt Lake City divorce lawyer can help you craft a modified parenting plan that wins court approval.

Reasons a Utah court may deny relocation

A court might deny relocation if the move benefits only the custodial parent. This might be the case if the parent wants to move for a new job, a romantic partner or simply a change of scenery, while the children’s lives will be negatively affected. A court will rule against a move prompted by spite or a deliberate attempt to undermine the relationship with the other parent.

Contact an accomplished Salt Lake City child custody attorney to discuss relocation

Attorney Victoria Cramer in Salt Lake City provides personalized legal support for Utah parents in child custody battles, including those involving relocation. To schedule a consultation, call 801-299-9999 or contact her office online. Same-day appointments may be available for urgent matters.