(801) 254-9450 Children need stability in their lives, especially after their parents go through a divorce. Therefore, courts consider a parent relocating with their children to be a serious matter. In fact, it is only possible if the court approves.
If you are considering relocation or are facing the prospect of your children moving far away, it is time to speak with a compassionate child custody attorney at Carr | Woodall. We understand the impact of this situation, and a Heber City relocation lawyer could help you fight for what is most important.
In Utah, the relocation law is key when divorced or separated parents share custody of a child. Typically, if one parent plans to move 150 miles or more from the other parent, the court must approve the move. This helps ensure the preservation of the child’s relationship with both parents and allows the court to evaluate any significant changes to the existing arrangement.
Even if both parents agree informally to a move, the court may still need to review and approve the terms to make the agreement legally enforceable. There are steep consequences for relocating before the court approves the order, and in some cases, the relocating parent could face criminal charges. Having a Heber City attorney experienced with relocation matters could be invaluable for parents on both sides.
The court will consider various factors and unique aspects of your case when one parent requests to relocate with a minor child. First and foremost, the courts will take into account the best interests of the child. They will contemplate how relocating the child would compare to maintaining the status quo. This includes investigating the schools, support, and resources available in the new location.
Judges will also assess how a move will impact the relationship with both parents and review the reason for relocating. Judges will never allow a parent to relocate out of spite, but they will consider it for reasons related to family or future employment. Our lawyers in Heber City who work with relocating parents could help you understand how these considerations factor into your family’s situation.
There is a formal relocation process in place, and the relocating parent must provide written notice to the other parent at least 60 days before the proposed move. This notice should include details about the intended relocation, including:
After receiving the notice, the non-relocating parent has the right to object by filing a motion with the court. If they do so, the court will schedule a hearing to determine whether the move is in the best interest of the child. Until there is a final ruling, the courts typically prohibit the parent from relocating with the child. This process gives your Heber City lawyer the chance to enforce your rights before a potential move.
You have rights as a parent, but the courts will always defer to the needs of your child in these situations. That does not mean you lack input in the matter, however. A Heber City relocation lawyer from our firm could advocate on your behalf, helping ensure the court treats you fairly. Contact the Carr | Woodall team today to discuss your next steps.