Information on the Relocation Statute Utah
We have clients and potential clients ask us all the time what happens if the client or the ex-spouse moves out of state or within Utah (but very far away), once the divorce decree is entered. The simple answer is that whatever the divorce decree says will happen will happen. A divorce decree should include a provision for what should happen if either party moves out of state. Often a divorce decree will reflect the standard Relocation Statute Utah. The parties can typically agree to whatever they want in a divorce decree, subject to the best interests of their children. Thus, if you or your ex moves, check your divorce decree.
In the majority of divorce decrees, the parties incorporate Utah’s relocation statute, currently found in Utah Code 30-3-37. The relocation law requires a moving party to give the non-moving spouse 60 days notice that he or she will be moving. Upon receiving notice, the non-moving spouse can bring an appropriate motion in court to ask the judge to review the parent-time and custody provisions of the divorce decree. The judge can make any decision that is in the best interest of the children at issue, but the party who brings the motion has the burden of proof to show that the relocation is not in the best interest of the children.
According to the Relocation Statute Utah the non-custodial parent in odd number years gets the following parent-time:
- Thanksgiving holiday beginning Wednesday until Sunday;
- Spring break, if applicable, beginning the last day of school before the holiday until the day before school resumes;
In even-numbered years, the noncustodial parent gets parent time as follows:
- The entire winter school break period;
- The Fall school break beginning the last day of school before the holiday until the day before school resumes;
The noncustodial parent time also get 1/2 of the summer or off-track time for consecutive weeks every year. Additionally, the noncustodial parent gets one weekend per month, at his or her option and expense.
If you are facing a relocating ex, or you are anticipating moving yourself, call a Utah Divorce Attorney at Salcido Law Firm for a free over-the-phone consultation at 801.413.1753.