Q: Would I be able to move out of state with my daughter?
I have full custody and he has standard visitation. I was wondering if I'd be able to move out of state with my daughter and what steps I'd need to take to do so? Can I move if I give him notice and have a parenting planning place for when I move or do I have to get approval from the court? Can they force me to stay in Utah?
A:
Utah Code section 30-3-37 governs relocation if the controlling decree does not address relocation.
At least 60 days before the planned move, the parent who plans to move more than 150 miles from the other parent must send the other parent a Notice of Relocation that tells the other parent about the upcoming move, how they propose parent time will work, and that they promise not to interfere with the other parent's parent time.
If the parents have joint physical custody, meaning the children stay at least 111 nights a year in the home of each parent, then a parent who wants to relocate must file a Petition to Modify Custody in addition to sending a Notice of Relocation. See Ross v. Ross, 2019 UT App 104 (Utah Ct. App. 2019).
Consider having a family law attorney review your divorce decree to determine if you need just a Notice of Relocation or need to file a petition with the court.
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