After a divorce, it can be difficult to frequent areas that you used to or run into people who are associated with your ex-spouse. The decision to move out of state or to a different city may seem like a good transition, but if you have shared custody of your children, you may not be able to just pack up your belongings and move. Shared custody parents or noncustodial parents may not be able to take their children with them when they move, depending on the divorce specifications and the state where your divorce occurred.
Custody And Relocation Rules In Utah
For the state of Utah, neither custodial nor noncustodial parents can pick up and move out of state. Custodial parents are required to get approval from the noncustodial parent before relocating up to 150 miles away. There are two ways that a parent can obtain permission to move out of state with their child: either a written agreement or by court order.
Parental Permission
The easiest way to move away with your children is for both you and your ex-spouse to agree to the move. Getting permission from the other parent can help the custody agreement remain intact or adjust it depending on distance. Discussing the move with the other parent allows you to work out specifics and visitation schedules before getting formal approval from the court.
Court Order
If you are not in communication with the other parent of your child, you may need to notify them through the court system. You must file a court order at least 60 days before a planned move to allow the noncustodial parent to contest the relocation request. Both parties will then go before a judge and present information on why the move is necessary. A judge will look at what is in the best interest of the child and how relocation may impact the parent-child relationship.
Keep The Child’s Best Interest In Mind
Before considering a move, think about what is best for the child. While it may seem easier to move out of state, away from painful memories, taking children away from their parents, friends, school, or extracurricular activities may hinder their development. The court system will also take these instances into account, especially if both parents can not agree on what is best for the child. Factors like the child’s age, how they handle change, medical conditions, whether their current home life is safe, and their emotional stability.
What About Noncustodial Parents?
If a noncustodial parent wants to move out of state, they will need to go through the same process as the custodial parent. However, if a parent is presented with a court order and does not contest the move, the children can move with the parent who presented the order. Noncustodial parents will need to work with the custodial parent and the courts if they plan to move out of state and want to maintain visitation rights.
Emergency Custody
In some states, it is not required to get both parents’ permission before you move with children out of state, but it could result in the other parent getting default emergency custody. If a parent feels that their ex-spouse is a risk of abducting or removing the child from the state, putting them in danger, they could be rewarded with emergency sole custody. While it may be possible for you to pick up and move with your children without consequence, it will be best to consult a lawyer before doing so. Getting legal advice will help you keep custody of your children and avoid trouble with the state law.
Legal Counsel From KNK Law
Kaufman, Nichols, and Kaufman provides legal help for family law, estate planning, business law, personal injury, and criminal law. With comprehensive coverage and skilled lawyers, you will have peace of mind about any legal issue. Our lawyers will represent you with confidence and provide you with sound legal advice on how to proceed.
Especially if you are dealing with a divorce and custody battles, we can help you keep your child safe and secure. By working with a competent lawyer, you will limit the emotional toll and stress that come from divorce proceedings. We treat all of our clients like family and are proud to be a pillar of the local community. Reach out to our team in Ogden, UT, to learn more about our strategies and how we can help divorce proceedings go smoothly.
