Moving with a Utah Custody Order: Myths vs. Facts
Moving to a new home or city with your child when there’s a Utah custody order in place? It raises many questions and misunderstandings. Utah courts strictly regulate relocating with a child after custody orders are set. This guide clears up the biggest myths and explains what Utah law really says, so you can plan your move wisely and legally.
Myth 1: “If I have custody, I can move wherever I want.”
Fact: Having custody in Utah does not give you unlimited relocation rights. If you want to move a child under a custody order, you must notify the other parent and sometimes petition the court—especially if the move will interfere with visitation or custody arrangements.
Utah demands that relocation not harm the child’s best interests or significantly interfere with the other parent’s time with the child. Skipping the legal steps can lead to court challenges or changes in your custody arrangements.
The statute Utah Code § 30-3-10 empowers courts to modify orders when relocation impacts the child’s welfare or stability.
Watch: Where And When A Parent Can Relocate In Utah Law?
Myth 2: “I just have to give 30 days’ notice before I move.”
Fact: Notice is required, but it’s not always 30 days. The required timing depends on your custody terms and local court rules.
- If moving more than 100 miles or out of state, you likely must file a relocation petition.
- Notice gives the other parent time to respond or object.
Failing to follow notice requirements can violate your custody order and lead to disputes.
Myth 3: “If I have sole physical custody, I can move without telling anyone.”
Fact: Even with sole physical custody, moving without notifying the other parent is risky if they retain visitation or legal rights. Courts expect cooperation and transparency.
Myth 4: “In joint physical custody, either parent can move with the child anytime.”
Fact: With joint physical custody, relocating without consent risks disrupting visitation and custody balance. A petition and court approval are often needed to show the move is in the child’s best interest.
Myth 5: “The court always favors the parent who wants to relocate.”
Fact: Utah courts prioritize the child’s well-being above either parent’s preferences. Relocation decisions consider many factors: relationships, stability, community ties, and more.
How to Handle Relocation with a Utah Custody Order: Steps
- Review your custody order—check for a relocation clause or required notice.
- Give written notice to the other parent with the planned move details.
- File a relocation petition if moving long distance or out of state.
- Prepare to show the planned move benefits the child’s best interests.
- Consider mediation before full court hearings.
- Until the court rules, continue following the existing custody order.
Common Pitfalls to Avoid
- Relocating without notice or court permission.
- Disrupting visitation time after moving.
- Assuming sole custody bypasses relocation rules.
- Failing to document communications or cooperation.
Assistance Required?
Need help applying this to your situation? Use our Utah Law checklists and templates, or talk with a Utah attorney for advice tailored to your case. This page provides legal information, not legal advice.
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