Moving Away With Your Child After Divorce: Utah’s Relocation Law Explained

Few post-divorce events create as much anxiety as one parent announcing a move. For the parent who is moving, a new job, a new marriage, or family support in another state can feel like an obvious step forward. For the parent staying behind, the same move can look like the end of a meaningful relationship with their child. Utah has a specific statute that governs this situation, and it answers many of the questions parents ask: How much notice do I have to give? Can my ex stop me? What happens to the parent-time schedule? Who pays for the flights?

That statute is Utah Code § 81-9-209, “Notice of relocation,” and it was most recently amended in the 2026 General Session. This article explains what it requires, how courts apply it, and what both the relocating and the non-relocating parent should do to protect themselves.

What Counts as a “Relocation” Under Utah Law

The statute defines relocation narrowly. Under § 81-9-209(1), “relocation” means moving 150 miles or more from the residence of the other parent. The measurement is from parent to parent, not from the old home to the new one, and it does not depend on state lines. A move from Spanish Fork to St. George, roughly 230 miles, is a relocation under the statute. A move from Salt Lake City to Evanston, Wyoming, about 80 miles, is not, even though it crosses a state border.

That does not mean shorter moves are consequence-free. A move of 60 miles can still make the existing parent-time schedule impractical, and either parent can petition to modify parent-time based on the change in circumstances. But the formal notice requirement, the statutory hearing procedure, and the long-distance schedule described in this article apply only to moves of 150 miles or more.

Your decree may also contain its own relocation provisions that are stricter than the statute. Many Utah parenting plans require notice for any move outside a particular county or school district, or require written consent before a child changes schools. Read your decree first. The statute sets a floor, and your decree can add to it.

The 60-Day Written Notice Requirement

Under § 81-9-209(2), the relocating parent must provide written notice to the other parent at least 60 days before the intended move. This applies to any parent covered by a custody or parent-time order, custodial or noncustodial. The statute requires the notice to contain two affirmations under subsection (3): that the parent-time provisions in the statute (or a schedule the parents have agreed on) will be followed, and that the relocating parent will not interfere with the other parent’s court-ordered parent-time.

The consequence of skipping this step is spelled out in subsection (20): a parent who fails to comply with the notice requirement is in contempt of the court’s order. That is not a discretionary finding. It means the non-relocating parent can file a motion to enforce and seek contempt sanctions, which in Utah can include fines, attorney fees, and in serious cases jail time. Moving first and notifying later is the single most damaging thing a relocating parent can do, both legally and in terms of how the judge will view every subsequent request.

Practically, the notice should be dated, delivered in a way you can prove (email plus certified mail is common), and should include the intended date of the move, the new address or at least the new city, the reason for the move, and a proposed parent-time schedule and transportation plan. The statute does not require all of this, but a thorough notice signals good faith and gives the court something concrete to work with if a hearing follows. We also recommend filing a copy with the court so the record is clear.

What Happens After Notice: The Relocation Hearing

Notice does not require the other parent’s permission, and it does not automatically trigger a court proceeding. If the other parent agrees to the move and to a revised schedule, the parents can submit a stipulated modification and avoid a hearing entirely. If the other parent objects, or if either parent wants the court to set the new schedule, § 81-9-209(4) requires the court to schedule a hearing on motion of any party or on its own motion. Under subsection (19), relocation matters may be set for an expedited hearing, which is important because the move is usually on a clock.

At the hearing, the court does two things. First, under subsection (5), when the custodial parent is the one relocating, the court determines whether the relocation is in the best interest of the child, considering any factors it finds relevant. Second, the court sets a parent-time schedule and allocates transportation costs.

Utah’s statute does not list a fixed set of best-interest factors for relocation, but in practice courts weigh the reason for the move, the strength of the child’s relationship with each parent, the child’s ties to school and community, the feasibility of preserving a meaningful relationship with the non-relocating parent over distance, each parent’s history of supporting the other’s relationship with the child, and the child’s own preference where the child is old enough for it to carry weight. The general custody factors in § 81-9-204 inform this analysis.

The Court Cannot Stop You From Moving, But It Can Change Custody

Parents often ask whether a Utah court can prohibit them from relocating. The honest answer is that the court cannot order an adult to live in a particular place. What the court can do is decide where the child will live. Under § 81-9-209(6), if the court determines that the relocation is not in the child’s best interest and the custodial parent relocates anyway, the court may order a change of custody. For a custodial parent, that is the real stakes of a relocation hearing: the choice may become moving without the child or staying with the child.

Domestic Violence Relocations

Under subsection (8), if a parent relocates because of an act of domestic or family violence by the other parent, the court must make specific findings and orders about how the statute applies. A parent fleeing abuse should still comply with the notice requirement where it is safe to do so, but the court has explicit authority to account for the circumstances, and a protective order may independently address the child’s residence.

The Long-Distance Parent-Time Schedule

If the court approves the relocation, or the parents agree to it, the existing local parent-time schedule generally cannot survive a 150-mile separation. Section 81-9-209(9) supplies a default minimum schedule for children ages five to eighteen that applies “unless otherwise ordered by the court.” Under that schedule, the noncustodial parent receives:

• In odd-numbered years, the child’s entire fall break (or Labor Day weekend if the school has no fall break) and the entire winter break.
• In even-numbered years, spring break (or Presidents’ Day weekend if the school has no spring break) and Thanksgiving break.
• Half of the summer or off-track time in consecutive weeks, with the noncustodial parent taking the first half in odd years and the second half in even years. The child must be returned no later than seven days before school starts.
• One weekend per month, at the noncustodial parent’s option and expense. If no specific weekend is designated, it defaults to the last weekend of the month under subsection (12).

Subsection (13) adds that the noncustodial parent is entitled to brief telephone contact and virtual parent-time at least twice a week, and subsection (16) allows the court, on motion, to order at least 30 days of uninterrupted parent-time during the summer. For children under five, subsection (11) directs the court to craft a schedule based on the child’s age, developmental needs, the distance, travel costs, and the level of attachment to the noncustodial parent.

Two points deserve emphasis. This is a minimum, and courts routinely award more when the noncustodial parent has been heavily involved. And under subsection (15), when finances and distance make school-year parent-time impractical, the court should consider awarding additional summer time to compensate.

Who Pays for Travel

Transportation is where relocation disputes tend to become expensive, and the statute sets a default. Under § 81-9-209(17), unless the court orders otherwise, the relocating parent pays all of the child’s travel expenses for the holiday parent-time in subsections (9)(a) and (b), and half of the travel expenses for the summer parent-time in subsection (9)(c). The monthly optional weekend is at the noncustodial parent’s expense.

There is an important condition. That default applies only if the noncustodial parent is current on all support obligations. Under subsection (17)(b), a noncustodial parent who has been found in contempt for falling behind on support becomes responsible for all of the child’s travel expenses unless the court rules otherwise. And under subsection (17)(c), whichever parent owes reimbursement must pay within 30 days of receiving documentation of the expense. Keep receipts.

The court has broad discretion to depart from these defaults. Under subsection (7)(b), in setting the schedule and allocating costs, the court considers the reason for the relocation, the additional cost and difficulty to both parents, the economic resources of both parents, and any other relevant factor. A parent who relocates for a substantially higher-paying job should expect to shoulder more of the travel burden than one who relocates to care for an ailing parent.

Advice for the Relocating Parent

Give notice early, in writing, and with more detail than the statute requires. Sixty days is the minimum; ninety or more gives the court time to hold a hearing before your move date and gives you time to adjust if the ruling is not what you hoped. Propose a generous long-distance schedule and a realistic transportation plan, and show that you have thought about how your child will maintain the relationship with the other parent. Be candid about your reasons. Courts distinguish quickly between a move driven by a real opportunity and a move driven by a desire to put distance between the child and the other parent. And do not move before the court rules if the other parent has objected. Under Rule 106 of the Utah Rules of Civil Procedure, the court can enter temporary orders in relocation matters, and moving in defiance of a pending objection is a fast way to lose custody.

Advice for the Parent Staying Behind

If you receive a notice of relocation and object, act immediately. File a motion asking the court to review the notice and set a hearing, and consider whether a petition to modify custody is warranted. The statute’s expedited hearing provision exists for you, but only if you invoke it. Gather evidence of your involvement in the child’s daily life: school pickups, medical appointments, activities, overnights actually exercised. A parent who has consistently used all of their parent-time is in a far stronger position than one who has been sporadic. If the move happens without notice, file a motion to enforce and request contempt findings under subsection (20), along with make-up parent-time and attorney fees under § 81-9-208(12). Our guide to enforcing custody and parent-time orders explains that process.

Relocation and Your Existing Decree

Section 81-9-209(18) provides that the court may apply the relocation statute to any preexisting decree of divorce. So even if your decree was entered a decade ago and never mentions relocation, the notice requirement and the statutory schedule apply. Once a relocation is approved, the new parent-time schedule and transportation orders should be entered as a formal modification of your decree so that they are enforceable going forward. A verbal agreement between parents about holiday flights is not an order, and it cannot be enforced when one parent changes their mind.

Decree Help prepares relocation notices, objections, motions for relocation hearings, and stipulated long-distance parenting plans for a flat fee, with every document reviewed by a licensed Utah attorney. If a move is on the horizon in your family, on either side, getting the paperwork right at the outset shapes everything that follows.

Frequently Asked Questions

How far can a parent move with a child in Utah without notice?

The statutory notice requirement in Utah Code § 81-9-209 applies to moves of 150 miles or more from the other parent’s residence. Shorter moves do not trigger the statute but may still justify a parent-time modification, and your decree may impose its own notice rules.

Can my ex stop me from moving out of state with our child?

A court cannot prohibit an adult from moving, but if the court finds the relocation is not in the child’s best interest and the custodial parent moves anyway, the court may change custody to the other parent under § 81-9-209(6).

What happens if a parent moves without giving 60 days’ notice?

Under § 81-9-209(20), the parent is in contempt of court. The other parent can file a motion to enforce seeking sanctions, make-up parent-time, and attorney fees.

Who pays for the child’s flights after a relocation?

By default, the relocating parent pays all travel costs for holiday parent-time and half of the summer travel costs, as long as the noncustodial parent is current on support. The court can adjust this based on the reason for the move and each parent’s resources.

Does the relocation statute apply if my divorce was final years ago?

Yes. Section 81-9-209(18) allows the court to apply the statute to any preexisting divorce decree.

The information in this article is for general informational purposes only and does not constitute legal advice. Every case is unique and results depend on specific facts and circumstances. No attorney-client relationship is created by reading this article. Decree Help is a DBA of Law Offices of S. Mark Barnes PLLC. Statutory citations are to the Utah Code as amended through the 2026 General Session.