In a down economy one of the problems that face people that are divorced with children is the situation where one party relocates. Usually the relocation involves a job offer, new marriage, or better outlook on life. No matter what is taking a divorced parent to another state Utah has a relocation statute that sets forth guidelines on how and when you can relocate with a child or children.
First and foremost you have to give notice to the other parent. This notice needs to be in writing and where possible it needs to be at least 60 days before you intend to move more than 150 miles away from the other parent. Given this situation it may be hard to give 60 days notice and the statute allows for a shortened period because it states “if possible” on the 60-day notice requirement. However, this will be something that you would want to consult with your Utah Divorce Lawyer about.
There are some factors that the court will consider when deciding about the relocation of one parent. These factors include;
- The reason for the Parent’s relocation. This is where it is important that you are moving for a significant reason. If you are moving to get away from the other parent because you do not like them then the court may not consider that as a significant reason to allow for you to take the children with you and the other parent be denied parent time.
- The factor of additional costs or difficulty of both parents in exercising parent time. In deciding this factor the court will look at exactly how far you are moving and how that will affect the parent time of the other parent. The costs will also be considered which includes costs of flights or gas in driving.
- The court will also consider the economic resources of both parents. If you make more money than the other parent this is where the court might consider having you pay for some of the expenses in your child visiting and exercising parent time.
- The next factor is the catchall; “other factors the court considers necessary and relevant.” This is the way that the court can dive into your life and the child’s life to really see what the effect will be on the child.
As you can see there is a lot that go into a relocation if you are divorced or have had a child with another person. Make sure you consult with an attorney to explore all of your choices and how to get the results you are looking for.
Brian Arnold is a Partner at Arnold & Wadsworth in Salt Lake City, Utah where he practices in the areas of family law, divorce, child custody, paternity, child support and custody.