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Utah Code 30-3-37: Relocation, Custody and Visitation

by Norris Law Group on July 10, 2014

Utah Code 30-3-37: Relocation, Custody and VisitationPrevious editions of this blog have discussed Utah Code 30-3-35, which outlines Utah’s “Minimum Schedule for Parent-Time for Children 5 to 18 Years of Age” and its addendum Utah Code 30-3-35.5, the “Minimum Schedule for Parent-Time for Children under Five Years of Age.”

If you are involved in a child custody situation in Utah, it may also be important to be aware of another Utah Code. Title 30, Chapter 3, Section 37 (Utah Code 30-3-37) offers guidance as to how Utah family courts should handle the issue of one parent relocating. For the purposes of explaining Utah Code 30-3-37, “relocating” means a move of 150 miles or more from the other parent.

If one parent wishes to relocate and a Utah child custody and visitation agreement is already in place, the Court must be involved in the decision. Any request for relocation must be provided to the other parent in writing at least 60 days before the relocation is scheduled to take place. Even if the relocation may take the moving parent out of state, the Utah family court retains the right to rule on whether the relocation is in the best interest of the child, and will take a great deal of information into consideration, including (but not limited to):

  • whether the provisions set in Utah Code 30-3-35 and 30-3-35.5 can and will still be met;
  • “the reason for the parent’s relocation;
  • the additional costs or difficulty to both parents in exercising parent-time;
  • the economic resources of both parents; and
  • other factors the court considers necessary and relevant.”

If the relocation is approved by the Court, the following visitation schedule goes into effect for children aged 5-18:

“in years ending in an odd number, the child shall spend the following holidays with the noncustodial parent:

  • Thanksgiving holiday beginning Wednesday until Sunday; and
  • Spring break, if applicable, beginning the last day of school before the holiday until the day before school resumes;

in years ending in an even number, the child shall spend the following holidays with the noncustodial parent:

  • the entire winter school break period; and
  • the Fall school break beginning the last day of school before the holiday until the day before school resumes;
  • extended parent-time equal to 1/2 of the summer or off-track time for consecutive weeks.

A separate set of rules apply to children under the age of five, with an emphasis on the developmental needs of the child. See the full text of Utah Code 30-3-37 for more detailed information.

Attorney Graham Norris and his associates at the Norris Law Group serve the residents of Utah County and throughout Utah in the areas of divorce and family law, including child custody and visitation. Contact them today at 801-932-1238 or online for a free consultation.

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