Estimated reading time: 3 minutes
Relocating with children after a divorce can feel overwhelming, but with the right guidance, it is manageable. At JR Law Group, we help Utah families navigate relocation law while keeping the best interests of the children at the forefront.
Step 1: Determine If You Have Reasonable Grounds to Move
Not every move is automatically allowed. Utah law requires that a relocating parent demonstrate reasonable grounds for the move. Examples include:
- A new employment opportunity that improves your ability to provide for your family
- Relocation to be closer to supportive family or better school opportunities
Moving for a new romantic relationship, on the other hand, is generally not considered a sufficient reason for relocation.
Step 2: Provide Proper Notice
Utah law requires a 60-day written notice to the other parent before any relocation. This allows both parents to plan and gives the other party the opportunity to respond.
We recommend attempting to work out an agreement with the other parent. Ideally, this agreement should cover:
- A new parenting time schedule
- Shared costs for travel or visitation
- Any other logistical considerations
Once an agreement is reached, it can be filed as a Stipulated Agreement with the court, followed by a Modified Divorce Decree reflecting the changes.
Step 3: Handling Disagreements
If the other parent does not agree to the relocation:
- Review your Divorce Decree to see how it addresses moves. Utah Code often considers moves over 150 miles as significant.
- Some decrees require mediation before filing a court motion.
- If mediation fails or is not required, the next step is a Relocation Hearing where the court evaluates the proposed move.
Step 4: What the Court Considers
During a relocation hearing, the court will determine whether the move is in the best interest of the children. Factors include:
- The child’s relationship with each parent
- Educational opportunities
- Financial impact of the move
- Stability and continuity for the child
The court may approve or deny the relocation. If denied and the custodial parent moves anyway, they risk losing custody.
Step 5: Plan for Parenting Time and Travel
If relocation is approved, the court will typically order:
- A revised parenting schedule
- Clear arrangements for travel costs and visitation
Even moves as short as 50 miles can impact a child’s routine, so it’s essential to plan carefully.
How JR Law Group Can Help with Relocation
Relocating with children after divorce involves careful planning and legal strategy. At JR Law Group, we:
- Review your specific situation and divorce decree
- Advise on reasonable grounds for relocation
- Negotiate agreements or represent you in court if needed
- Ensure the best interests of your children are prioritized
We serve families throughout Utah, including Salt Lake City, Park City, Provo, and Ogden.
Contact JR Law Group
If you’re considering relocation after your divorce and have questions about the process, our team is here to help you move forward with clarity, confidence, and support. Contact us today to learn more.
Disclaimer – This video is intended for informational purposes only. Nothing in this video is to be considered as either creating an attorney-client relationship between the viewer and JR Law Group or as rendering of legal advice for any specific matter. Viewers are responsible for obtaining such advice from their own legal counsel. No viewer should act or refrain from acting on the basis of any information contained in the video or on JR Law Group’s Website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.