Relocating With Children After a Utah Custody Order
Short answer: If you have an existing Utah custody order that doesn't already address relocation, and you plan to move 150 miles or more from the other parent's residence, you generally must send a Notice of Relocation at least 60 days before the move. The other parent can then request a hearing where a commissioner or judge decides whether the move is in the child's best interests.
Who this guide is for
A Utah parent with an existing custody order who is planning a significant move, or a parent who received notice that the other parent plans to relocate with their child.
When this process applies
This relocation process generally applies when the existing custody order doesn't already have its own relocation provisions built in — if your order already specifically addresses what happens if a parent moves, that provision generally controls instead of the general default process.
The 150-mile threshold
The relocation notice requirement is generally triggered by a move of 150 miles or more from the other parent's residence — a move within that distance generally doesn't trigger this specific formal process, though it can still be worth discussing with the other parent and, if there's disagreement, potentially the court.
The 60-day notice requirement
The relocating parent generally must send the other parent a Notice of Relocation at least 60 days before the planned move, detailing the specifics of the move — this is a real procedural requirement, not just a courtesy, and building it into your planning timeline matters given how disruptive a late or missed notice can be to the process.
What happens after notice is given
The other parent can request a hearing, where a commissioner or judge will decide whether the relocation is in the child's best interests — considering factors relevant to the specific family, not simply whether the moving parent has valid personal reasons for the move.
Why you shouldn't just move first and deal with it later
Moving with a child in violation of an existing custody order's terms — without following the required notice and, if requested, hearing process — can create serious legal problems, including potential violations of the existing order. If you're planning a move that might trigger this process, address it properly beforehand rather than treating notice as optional or something to handle after the fact.
If you're the parent who received a relocation notice
You have the right to request a hearing if you object to the move — but this needs to be done in the appropriate timeframe relative to the notice, not indefinitely. If you receive a Notice of Relocation and have concerns, act promptly rather than waiting.
Frequently asked questions
Does this process apply to a first-time custody determination, or only after an existing order is in place? This relocation framework specifically addresses situations with an existing custody order — a first-time custody case involves different considerations from the start.
What if the other parent doesn't respond to the relocation notice at all? The specific consequence of no response can depend on your order and the circumstances — this is worth clarifying rather than assuming silence automatically means the move can proceed unchallenged.
Can a custody order be modified because of a relocation, beyond just approving or denying the move itself? Yes — a significant relocation can itself be exactly the kind of substantial change that supports a broader custody modification, not just a yes/no decision on the move.