State Codes and Statutes
Statutes > Utah > Title-30 > Chapter-03 > 30-3-3730-3-37. Relocation.
(1) For purposes of this section, "relocation" means moving 150 miles or more from theresidence specified in the court's decree.
(2) The relocating parent shall provide, if possible, 60 days advance written notice of theintended relocation to the other parent. The written notice of relocation shall contain statementsaffirming the following:
(a) the parent-time provisions in Subsection (5) or a schedule approved by both partieswill be followed; and
(b) neither parent will interfere with the other's parental rights pursuant to court orderedparent-time arrangements, or the schedule approved by both parties.
(3) The court may, upon motion of any party or upon the court's own motion, schedule ahearing with notice to review the notice of relocation and parent-time schedule as provided inSection 30-3-35 and make appropriate orders regarding the parent-time and costs for parent-timetransportation.
(4) In determining the parent-time schedule and allocating the transportation costs, thecourt shall consider:
(a) the reason for the parent's relocation;
(b) the additional costs or difficulty to both parents in exercising parent-time;
(c) the economic resources of both parents; and
(d) other factors the court considers necessary and relevant.
(5) Unless otherwise ordered by the court, upon the relocation, as defined in Subsection(1), of one of the parties the following schedule shall be the minimum requirements forparent-time with a school-age child:
(a) in years ending in an odd number, the child shall spend the following holidays withthe noncustodial parent:
(i) Thanksgiving holiday beginning Wednesday until Sunday; and
(ii) Spring break, if applicable, beginning the last day of school before the holiday untilthe day before school resumes;
(b) in years ending in an even number, the child shall spend the following holidays withthe noncustodial parent:
(i) the entire winter school break period; and
(ii) the Fall school break beginning the last day of school before the holiday until the daybefore school resumes;
(c) extended parent-time equal to 1/2 of the summer or off-track time for consecutiveweeks. The children should be returned to the custodial home no later than seven days beforeschool begins; however, this week shall be counted when determining the amount of parent-timeto be divided between the parents for the summer or off-track period; and
(d) one weekend per month, at the option and expense of the noncustodial parent.
(6) The noncustodial parent's monthly weekend entitlement is subject to the followingrestrictions.
(a) If the noncustodial parent has not designated a specific weekend for parent-time, thenoncustodial parent shall receive the last weekend of each month unless a holiday assigned to thecustodial parent falls on that particular weekend. If a holiday assigned to the custodial parentfalls on the last weekend of the month, the noncustodial parent shall be entitled to the next to thelast weekend of the month.
(b) If a noncustodial parent's extended parent-time or parent-time over a holiday extendsinto or through the first weekend of the next month, that weekend shall be considered thenoncustodial parent's monthly weekend entitlement for that month.
(c) If a child is out of school for teacher development days or snow days after thechildren begin the school year, or other days not included in the list of holidays in Subsection (5)and those days are contiguous with the noncustodial parent's monthly weekend parent-time, thosedays shall be included in the weekend parent-time.
(7) The custodial parent is entitled to all parent-time not specifically allocated to thenoncustodial parent.
(8) In the event finances and distance preclude the exercise of minimum parent-time forthe noncustodial parent during the school year, the court should consider awarding more time forthe noncustodial parent during the summer time if it is in the best interests of the children.
(9) Upon the motion of any party, the court may order uninterrupted parent-time with thenoncustodial parent for a minimum of 30 days during extended parent-time, unless the courtfinds it is not in the best interests of the child. If the court orders uninterrupted parent-timeduring a period not covered by this section, it shall specify in its order which parent isresponsible for the child's travel expenses.
(10) Unless otherwise ordered by the court the relocating party shall be responsible forall the child's travel expenses relating to Subsections (5)(a) and (b) and 1/2 of the child's travelexpenses relating to Subsection (5)(c), provided the noncustodial parent is current on all supportobligations. If the noncustodial parent has been found in contempt for not being current on allsupport obligations, the noncustodial parent shall be responsible for all of the child's travelexpenses under Subsection (5), unless the court rules otherwise. Reimbursement by eitherresponsible party to the other for the child's travel expenses shall be made within 30 days ofreceipt of documents detailing those expenses.
(11) The court may apply this provision to any preexisting decree of divorce.
(12) Any action under this section may be set for an expedited hearing.
(13) A parent who fails to comply with the notice of relocation in Subsection (2) shall bein contempt of the court's order.
Amended by Chapter 228, 2010 General Session
