What if a Parent Moves?
Section 30-3-37 of the Utah Code addresses a parental move. The term used by the Court is "relocation." A parent who moves 150 miles or more from the “residence specified in the court’s decree” must give “60 days advance written notice of the intended relocation to the other parent.” The court may “make appropriate orders regarding the parent-time and costs,” considering the best interest of the child and other factors. “If the court determines that relocation is not in the best interest of the child, and the custodial parent relocates, the court may order a change of custody.”
“Unless otherwise ordered by the court, upon relocation,” the noncustodial is to have the child(ren) for one-half of the summer break (or “off-track time”) as well as Thanksgiving (during odd numbered years), spring break (during odd numbered years), winter break (during even numbered years), and fall break (during even numbered years).
In addition, “at the option and expense of the noncustodial parent”, the noncustodial parent is entitled to one weekend per month. Unless the noncustodial parent specifies otherwise or unless there is a conflict with holiday parent-time, this monthly weekend parent-time is to be on the last weekend of the month. If there is a conflict with holiday parent-time, this monthly weekend parent-time is to be on the next to last weekend of the month.
If “finances and distance preclude the exercise of minimum parent-time for the noncustodial parent during the school year, the court should consider awarding more time for the noncustodial parent during the summer time if it is in the best interests of the children.” “Unless otherwise ordered by the court the relocating party shall be responsible for all of the child’s travel expenses” related to this relocation parent-time, except for half of the travel expense for the summer visit. A noncustodial parent who has been found in contempt for failure to pay child support, is responsible for all of the child’s parent-time travel expenses, unless the court orders otherwise.
The court has discretion to order a minimum of thirty days of uninterrupted parent-time with the noncustodial parent during extended parent-time.
“Unless otherwise ordered by the court, upon relocation,” the noncustodial is to have the child(ren) for one-half of the summer break (or “off-track time”) as well as Thanksgiving (during odd numbered years), spring break (during odd numbered years), winter break (during even numbered years), and fall break (during even numbered years).
In addition, “at the option and expense of the noncustodial parent”, the noncustodial parent is entitled to one weekend per month. Unless the noncustodial parent specifies otherwise or unless there is a conflict with holiday parent-time, this monthly weekend parent-time is to be on the last weekend of the month. If there is a conflict with holiday parent-time, this monthly weekend parent-time is to be on the next to last weekend of the month.
If “finances and distance preclude the exercise of minimum parent-time for the noncustodial parent during the school year, the court should consider awarding more time for the noncustodial parent during the summer time if it is in the best interests of the children.” “Unless otherwise ordered by the court the relocating party shall be responsible for all of the child’s travel expenses” related to this relocation parent-time, except for half of the travel expense for the summer visit. A noncustodial parent who has been found in contempt for failure to pay child support, is responsible for all of the child’s parent-time travel expenses, unless the court orders otherwise.
The court has discretion to order a minimum of thirty days of uninterrupted parent-time with the noncustodial parent during extended parent-time.
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The foregoing information is general, non-case-specific information and is not intended to constitute legal advice or to form an attorney-client relationship. We provide aggressive, competent representation in all areas of divorce and family law, including child custody, visitation, child support, alimony awards, modifications, guardianships, adoptions, prenuptial agreements and all related matters. To schedule an appointment with one of our attorneys, please contact our office at 801-377-4652.
Courtyard at Jamestown
3575 North 100 East
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Provo, Utah 84664
Phone: 801-377-4652
Fax: 801-377-4673
3575 North 100 East
Suite 325
Provo, Utah 84664
Phone: 801-377-4652
Fax: 801-377-4673
