Moving Away With a Child in Utah: Relocation Notice, Distance Rules and Burden of Proof
The original recodified version of Utah’s relocation statute required 60 days’ written notice for a move of 150 miles or more, with a hearing on request. That version has been superseded, so check the current text before moving.
What did the original Utah relocation law say?
The original recodified version of 81-9-209 defined relocation as moving 150 miles or more from the other parent’s residence and required written notice at least 60 days before the move (Utah Code 81-9-209).
| Question | Original recodified version |
|---|---|
| Relocation defined | Moving 150 miles or more from the other parent’s residence |
| Notice | Written notice at least 60 days before the move |
| Contents | Affirmations that the parent-time provisions or an agreed schedule will be followed and that the parent will not interfere with the other parent’s rights |
| Hearing | On motion or the court’s own motion, to review the notice and set the schedule and transportation costs |
| If not in the child’s best interest | The court may order a change of custody if the custodial parent relocates |
| Failure to give notice | Contempt of the court’s order |
Is that version still current in Utah?
No. The legislature’s record gives that version an end date, so a newer version is in force. We could not read it, so check the current text of 81-9-209 and ask a licensed Utah attorney before relying on this page.
What did the court weigh in the original version in Utah?
In deciding a relocation by a custodial parent it considered any relevant factors, and if it found the move in the child’s best interest it set the schedule and transportation costs, considering the reason for the move, the added cost and difficulty of parent-time, the parents’ resources and other relevant factors (81-9-209(5), (7)).
What about a move because of violence in Utah?
If a parent relocates because of domestic violence or family violence by the other parent, the court was to make specific findings and orders about how the section applies (81-9-209(8)).
What must a parenting plan say about moving in Utah?
It must include provisions on notice and parent-time responsibilities if a parent relocates (81-9-203), so the plan is the place to agree on notice and distance.
Where is the statute in Utah?
The relocation section sits in Chapter 9, Part 2 beside the parent-time rules (Utah Code Title 81, Chapter 9, Part 2), so read the current text there.
What minimum schedule applied after a move in Utah?
For a child five to 18, the original version set odd-year Thanksgiving from Wednesday to Sunday and spring break with the noncustodial parent, the winter school break and fall break in even years, extended summer parent-time equal to half of the summer, and one weekend a month at the noncustodial parent’s option and expense (81-9-209(9)).
Who paid for travel in the original version in Utah?
Unless the court ordered otherwise the relocating parent paid all of the child’s travel for the holiday periods and half for the summer period, provided the noncustodial parent was current on support (81-9-209(16)).
What about support and the schedule after a move in Utah?
A longer distance changes the schedule and the overnights. Recount with the Utah parenting time calculator and run the Utah child support calculator.
What should you do before moving in Utah?
Read your decree and parenting plan for a relocation clause, give the other parent written notice well before the move, ask for written consent and, if it is refused, ask the court to approve or revise the schedule before the child moves; ask a licensed Utah attorney about timing.
Frequently asked questions
Do I need to give notice before moving with my child in Utah?
The original version required 60 days’ written notice for a move of 150 miles or more; check the current section.
Is there a distance rule for moving in Utah?
The original version used 150 miles.
Who has the burden of proof in a Utah relocation case?
The original version directed the court to the child’s best interest; the current text was not read.
Does moving to escape domestic violence hurt me in Utah custody?
The original version required the court to make specific findings in that case.
Does a move change Utah child support?
It can, if it changes the overnights.
Official sources
- Utah Code Title 81, Chapter 9, Part 1: definitions; parent-time provisions
- Utah Code Title 81, Chapter 9, Part 2: custody and parent-time between parents
- Utah Code 81-9-302: minimum parent-time schedule (version effective at the recodification)
- Utah Code 81-9-209: notice of relocation (original recodified version)
- Utah Courts: divorce self-help
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Utah statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Utah attorney.