You have accepted a job offer in another state, or a family member needs you nearby, or the cost of staying simply no longer works. The reason is real and the timing feels right, except that you share a child with someone, and a decree of divorce sits between you and packing the moving truck. In Utah, relocating with a child after divorce is not something you can do unilaterally. The law lays out a specific process, and skipping any part of it can put your custody arrangement and your credibility with the court at serious risk.
Here is what Utah requires before a custodial parent can move, how the other parent can respond, and what a court weighs when the two of you cannot reach agreement on your own.
The 60-Day Notice Requirement
Under Utah Code Section 81-3-401 (recodified 2024, formerly Utah Code Section 30-3-37), a parent who wants to relocate must provide written notice to the other parent at least 60 days before the planned move. That notice must include the intended new address, the date of the move, and a proposed modified parenting plan that accounts for the new distance.
The 60-day window is not a courtesy. It is a legal requirement. It gives the other parent enough time to either agree in writing or file an objection with the court before the move occurs. If you move without giving this notice, the other parent can seek an order requiring you to return the child, and the court may view the move as a violation of the decree of divorce. The notice requirement applies whether you are the parent with primary physical custody or whether you share substantially equal parent-time.
What Counts as a Relocation
Utah law defines relocation as a move of 150 miles or more from the current primary residence. A move within the Salt Lake Valley, even across county lines, would not typically trigger the statute. A move from Salt Lake City to St. George might, depending on distance. A move to a different state almost certainly will. If you are unsure whether your planned move crosses the threshold, that is a specific question worth asking an attorney before you assume it does not apply.
What Happens After You Give Notice
Once the other parent receives your written notice, they have 30 days to object in writing. If they do not object within that window and do not file anything with the court, you may proceed with the move under most circumstances. If they do object, neither of you can act until the court holds a hearing and issues an order.
This means the process can move quickly if both parents agree. A written, signed agreement modifying the parenting plan and filed with the court is often the fastest path forward. Mediation is one option for reaching that agreement, and in many Utah counties it is already part of the process before contested matters reach a commissioner. If you are unfamiliar with what mediation looks like in a custody dispute, this overview of Utah's mediation requirements in family cases walks through how it works.
Temporary Orders While the Case Is Pending
If the other parent objects and the matter goes to a hearing, the court may issue temporary orders to govern parent-time while the relocation dispute is resolved. Those orders could restrict the move until a final decision is made, or they could allow the move conditionally. Either way, a hearing is not instantaneous. In most Third District Court cases, expect weeks, not days, from filing to ruling.
How a Court Decides Whether to Allow the Move
When parents cannot agree, a Utah court analyzes the relocation request using a two-part framework. First, the relocating parent must show that the move is made in good faith and for a legitimate reason: a genuine job opportunity, proximity to extended family who provide meaningful support, or a real improvement in financial stability. Courts look carefully at whether the motivation is tied to the child's welfare or whether it appears designed to reduce the other parent's parent-time.
Second, the court applies the statutory best interests of the child analysis under Utah Code Section 81-3-301. This is the same framework used in original custody determinations, and it includes factors like the child's relationship with each parent, the child's adjustment to their current home and school, the distance involved, and each parent's willingness to support the child's relationship with the other parent. Courts pay particular attention to whether the relocating parent has proposed a realistic, workable modified parenting plan, not just a placeholder.
A proposed parenting plan that shows you have thought carefully about the other parent's relationship with the child carries more weight than almost any other single factor in a relocation hearing.
The Role of a Guardian ad Litem
In contested relocation cases involving younger children, the court may appoint a guardian ad litem (GAL), an attorney whose role is to represent the child's interests independently of either parent's position. The GAL may interview the child, review school and medical records, and make a recommendation to the court. If your case is heading toward a contested hearing, understanding what a guardian ad litem does in Utah custody cases can help you prepare for what that process involves.
Modifying the Parenting Plan After a Move Is Approved
A court order allowing relocation does not end the legal process. It changes the baseline from which future modifications are measured. Once the move is approved and the new parenting plan is in place, that plan becomes the operative order. Any further changes require a petition to modify and a showing of a substantial material change in circumstances.
The modified parenting plan itself needs to be specific. Vague language like "reasonable parent-time" is unlikely to hold up well when parents live in different states. Courts expect the plan to address how holiday parent-time will work, who covers travel costs, how transportation will be handled, and what happens during school breaks. Getting these details right at the outset is far easier than returning to court a year later when disagreements surface.
If the Other Parent Wants to Move and You Object
If you are the parent who received notice and you do not agree with the proposed move, your 30-day window to file a written objection is firm. Missing it can be interpreted as consent, and the court may allow the move without a hearing. Filing the objection promptly preserves your right to a hearing and keeps the existing parenting plan in place until the court rules.
At the hearing, the question is not whether the other parent has the right to move, adults can relocate. The question is whether your child should go with them, and whether the proposed modified parenting plan adequately protects your relationship with your child. Courts have found that meaningful parent-time can sometimes be maintained across distance with the right structure. They have also found that certain moves would so fundamentally disrupt a child's stability that relocation of the child is not appropriate. The outcome depends heavily on the specific facts of your case.
In cases where there is a history of coercive control or domestic violence, relocation disputes can intersect with safety concerns that go beyond custody logistics. If that applies to your situation, Utah's process for filing a protective order is worth reviewing alongside whatever steps you take on the custody side.
What to Do Before the 60-Day Clock Starts
Whether you are the parent planning to move or the one who might receive notice, preparation matters more here than in almost any other post-divorce situation. Relocation disputes move on a compressed timeline, the stakes are high, and the decisions made early in the process tend to shape what is possible later.
If you are considering a move, review your existing decree of divorce and parenting plan carefully before telling anyone else. Some decrees include specific relocation provisions that go beyond the statutory defaults. Knowing what your order says before you give notice is a practical first step. If you are the parent who received notice, do not wait to see whether the other parent follows through. The 30-day objection window begins when you receive notice, not when the move happens.
A straightforward consultation with a Utah family law attorney can clarify what your specific order requires, what the timeline looks like in your county, and what your options are before anything is filed. That conversation is not a commitment to any particular path.
