How Utah Courts View Relocation Requests After Divorce

Divorce already reshapes daily life, but when one parent considers moving, the questions can multiply overnight.

Questions about parental relocation after divorce are common in Utah, and the emotions involved are very real. A move can change a child’s routine, school, and daily comfort, and both parents may worry about what comes next.

In the United States, only about 47% of households are married-couple households. This means a fair number of families, including many in Utah, are consistently figuring out how to handle custody arrangements and changes.  

When parents understand how the court evaluates a relocation request, the process feels less intimidating, and planning becomes easier.

Utah judges follow clear legal standards, but they also recognize that every family’s story is different. Decisions are made with care and always with the best interests of the child at the center.

About Utah Divorce Laws

A divorce in Utah involves more than dividing property or ending a marriage. The law is designed to protect both parents’ rights and promote stability for children moving forward.

As part of the divorce process, parents must address child custody, financial matters, and future parenting responsibilities. Utah requires a parenting plan for minor children, which outlines:

• Where the child will live
• How decisions are made
• How parents share time and responsibilities

There is also a 90-day waiting period after filing for divorce, which gives families space to plan and adjust to new routines.

Divorce Laws and Child Custody Basics

In Utah, custody is divided into:

1. Legal custody — making important decisions
2. Physical custody — where the child lives

Legal and physical custody may be joint (shared by both parents) or sole (held primarily by one parent). Even when children live mostly with one parent, the other parent often continues to participate in decision-making or parenting time, depending on the custody arrangement and the court’s orders.

Utah judges rely on the best interests standard when deciding custody, looking at factors such as the child’s age, emotional needs, each parent’s involvement, and the ability to support a healthy co-parenting relationship. 

These same considerations come back into play later if a custodial parent requests court approval to relocate with the child.

Parental Relocation After Divorce

Relocation after divorce may happen for many reasons, including employment, remarriage, or support from extended family. However, when parents share custody, moving with a child is not automatic and requires court permission.

Relocating After Divorce With a Child

If a custodial parent or noncustodial parent plans to move 150 miles or more from their current home, Utah law requires written notice to the other parent at least 60 days before the move.

This notice gives both parents time to discuss next steps or request a court hearing if the non-relocating parent opposes the move.

After notice is given:

• The other parent may ask the court to review the request
• Both sides can present information and evidence
• The judge may review or modify the existing custody agreement or visitation arrangements

The court may also consider whether a new custody arrangement is needed to support the child’s routine.

Legal Standards for Relocation Requests

Utah courts do not automatically approve or deny a child relocation request. Instead, judges look closely at both parents’ circumstances and how the move may affect the child’s life.

Best Interests of the Child

This is the guiding standard in every relocation hearing. The court will consider:

• The child’s relationship with each parent
• Emotional adjustment
• School and community ties
• The child’s age and developmental needs

Judges weigh whether the move benefits the child’s physical, emotional, and mental well-being.

Primary Caregiver and Stability Factors

If the custodial parent is the child’s primary caregiver, the court may examine how the move affects stability. Examples include:

• Access to family support
• Safer or more suitable housing
• Improved educational options

If the noncustodial parent opposes the move, the court will look at ways to preserve the co-parenting relationship and ongoing involvement.

Common Reasons to Relocate After Divorce

Parents seek relocation for many understandable reasons. Utah courts review the motivation behind the move as part of the decision-making process.

New Job or Career Opportunity

A move may involve:

• A new position
• Better pay
• More predictable hours

Providing documents, such as an offer letter, can help the court understand how the change may be healthy for the family.

Family Support or Remarriage

Some parents move to:

• Be closer to grandparents or siblings
• Receive childcare help
• Begin a new household after remarriage

Judges consider whether that support helps maintain stability in the child’s life.

How the Court Decides on Relocation

When a parent wants to move with a child, there isn’t an automatic yes or no. Each case is evaluated individually, and the judge’s role is to find an outcome that works in the best interests of the child while considering both parents’ rights.

Once a relocation request is made, Utah courts take several steps to reach a decision.

Impact on Child-Parent Relationship

Judges review:

• How involved each parent has been
• Communication between parents
• Ways to maintain the child’s relationship with the other parent

Plans such as extended summer visits or virtual communication may be discussed.

Distance and Visitation Adjustments

If the move is approved, the court may:

• Update visitation arrangements
• Adjust holiday schedules
• Divide travel costs between parents

The goal is to keep both parents meaningfully involved whenever possible.

Role of a Divorce Lawyer in Relocation Cases

When a parent is considering relocation (or responding to a request from the other parent), the legal steps can feel unfamiliar and stressful. Even parents who communicate well may struggle to deal with notice requirements, court hearings, and changes to an existing custody agreement. 

A lawyer familiar with Utah family law will explain the process clearly and help you avoid mistakes.

Preparing Legal Documents

An attorney can assist with every step of the required paperwork, including providing written notice to the other parent, gathering records and information that support your position, and filing documents in line with Utah family law rules and timelines. 

These details matter, as missing a deadline or using the wrong form can create delays or make the process more difficult than it needs to be. Having someone oversee the legal requirements helps keep the case moving and reduces avoidable setbacks.

Representing Interests in Court

Suppose the relocation request goes before a judge. In that case, legal counsel can present your reasoning clearly, address concerns raised by the non-relocating parent, and explain how your proposal supports the child’s best interests. 

Court hearings can feel intimidating for parents, especially when the future of a custody arrangement is being discussed. Legal representation provides a clear understanding during a stressful time and allows you to focus on your child rather than maneuvering through the legal system on your own.

Modifying Custody and Support After Relocation

When a parent moves a significant distance, the original court orders may no longer fit the family’s day-to-day reality. A change in location can affect school routines, how often the child sees the other parent, and even each parent’s financial situation. 

Because of this, Utah courts often need to revisit the existing custody arrangement and child support orders to make sure they still serve the child’s best interests and reflect what is practical for both parents moving forward.

Adjusting Parenting Plans

When a parent relocates, the court may revise the current parenting plan to reflect new travel demands and school schedules. This can mean shifting holidays or school breaks so the child spends longer stretches of time with the other parent, arranging transportation details in advance, or using shared calendars to keep communication clear. 

These changes help both parents understand what to expect and reduce tension as everyone adjusts to a new custody arrangement.

Enforcing or Modifying Support Orders

Relocation can also affect financial obligations. If income changes because of a new job or if living expenses increase after a move, the court may update child support or spousal support to match the family’s new circumstances. 

Parents should request these changes through the court rather than relying on informal agreements, since only formal modifications are enforceable and protect both sides going into the future.

Talk to a Utah Family Law Attorney About Your Next Steps

Relocation decisions can bring up big emotions, but clarity grows when parents have the facts and a plan. Learning how Utah courts approach these requests and staying engaged in the process can help you protect your connection with your child and support a smoother transition into the future.

If you’re facing a relocation decision, our team at Henriksen Law is here to help. 

As a long-standing Utah family law firm, we work closely with parents on both sides of relocation requests. We will walk you through how the courts handle these cases, review your current custody order or parenting plan, and explain what steps come next before anything is filed. 

Have questions? Ready to plan your relocation? Book your free consultation with our family attorneys today.