Relocating after a divorce is a life-changing decision that requires careful planning, both emotionally and legally. If you are considering a move, or your former spouse is proposing relocation in Salt Lake County, it’s vital to understand how these changes impact your family—especially when children or financial support are involved. Every step—whether providing notice, negotiating custody terms, or adjusting child support—can have lasting consequences. We help clients navigate relocation divorce modifications with clarity, ensuring every choice is informed, lawful, and aligned with their family’s best interests.
What Does Utah Law Say About Relocation After Divorce?
Utah statutes, particularly Utah Code § 30-3-37, set strict guidelines for relocation after divorce. If one parent wants to move more than 150 miles away from the other parent, whether inside or outside Utah, state law requires that they provide at least 60 days’ advance written notice. This applies to all moves over the 150-mile threshold, and compliance is non-negotiable. Not following this protocol can impact custody and parent-time decisions and may even lead to legal consequences for the parent who relocates improperly.
The requirement for advance written notice gives both parents time to consider the move’s implications. It also allows the non-relocating parent to file an objection. If an objection is submitted, the court will schedule a relocation hearing. During this process, the court reviews all facts and circumstances, with the child’s best interests as the central focus. Relocation is never rubber-stamped; it is treated as a significant change in the current family dynamic that demands careful legal review.
Our approach at Eric M. Swinyard & Associates, PLLC is to help families understand these regulations inside and out. We walk clients through the notice process, help draft clear communications, and prepare all the required documentation. Whether you’re planning a move or responding to one, we guide families through relocation divorce modifications with clarity, so their rights—and their children’s well-being—stay protected.
How Can Relocation Affect Child Custody & Visitation Schedules?
Relocating can have a significant impact on an existing custody agreement. In Utah, parent-time and legal custody are established to keep the child’s best interests at the forefront, and a move may disrupt established routines, relationships, and overall stability. When relocation occurs, custody and visitation arrangements often need to be reevaluated to determine whether the existing schedule still supports the child’s welfare.
Court-ordered visitation may shift from frequent, shorter visits to longer, less frequent periods. For example, the non-custodial parent may be granted extended time during school breaks, holidays, or summers. Additional considerations—like travel time, transportation costs, and preserving regular contact—must be evaluated. Utah courts often encourage creative solutions, such as virtual visits or adjusted holiday schedules, ensuring both parents remain actively involved in the child’s life, despite the distance.
We believe that formal legal changes, rather than informal agreements, are necessary to protect everyone involved. Informally adjusting schedules without court approval can result in disputes later on. Our team assists in developing comprehensive parent-time plans and navigating the child custody modification process, helping clients pursue agreements that are clear, enforceable, and aligned with the child’s best interests.
When & How Can You Request a Modification to a Divorce Decree Due to Relocation?
Filing for a modification to your divorce decree due to relocation is both a right and an obligation when significant changes will affect custody, parent-time, or support. Timing is crucial—Utah courts expect the relocating parent to submit notice and modification requests well before the move takes place. Waiting until after relocation can be seen as non-compliant and may negatively impact a parent's standing in court.
To request a modification in Salt Lake County:
- Prepare and send a written notice of intent to relocate, as required for any move exceeding 150 miles.
- File a Petition or Motion to Modify the Divorce Decree with the appropriate court. Official forms are available from the Utah Courts website or the local courthouse.
- Serve the papers on the non-relocating parent, allowing them to respond and file objections if desired.
- Attend a relocation hearing where both parties present evidence regarding what arrangement best serves the child’s interests.
- Once a new order is issued, ensure it is formally entered and all parties understand the modifications.
Every stage is governed by procedural rules and deadlines, from how notice is delivered to the content of your modification petition. Missing or misunderstanding these steps can jeopardize your case.
We offer personalized, step-by-step support throughout the entire modification process. Our team takes on the administrative burdens and ensures your documentation, notices, and arguments are ready for court review—helping you focus on your family instead of court procedure.
What Evidence Do Utah Courts Consider for Relocation Divorce Modifications?
When deciding whether to permit a relocation, Utah courts review a wide range of evidence. Judges want to understand the motive for moving, how it benefits the child, and the logistical realities of maintaining a meaningful parent-child relationship across the new distance. The best interests of the child always come first, taking precedence over parental preferences.
Evidence that courts find persuasive includes:
- Proof of better educational, career, or health opportunities for the child and parent in the new location.
- Detailed proposed parent-time schedules, accounting for travel, expenses, and the time children spend with each parent.
- Support systems in both the current and new communities, such as proximity to relatives, friends, or healthcare providers.
- Demonstrated communication efforts between parents, showing attempts to reach cooperative solutions.
- Reports from professionals (teachers, counselors, therapists) regarding the child’s adjustment needs.
Courts also assess whether either parent is acting in good faith or attempting to disrupt the child's bond with the other parent. The track record of parental involvement and the ability to foster a strong parent-child relationship are key factors. Each side must provide comprehensive, organized evidence to support its position.
We work with families to gather, organize, and present compelling evidence. By putting forward a clear rationale for or against relocation and preparing evidence that resonates with family law judges, we ensure that every case is presented as strongly as possible.
How Are Child Support & Alimony Orders Impacted by a Parent's Move?
Relocation influences more than just custody; it can also affect child support and alimony. Utah courts recognize that changes in residence often mean changes in expenses, income, and parenting responsibilities. To qualify for a modification of support orders, the moving parent or the non-moving parent must show that the relocation results in a “substantial and material change in circumstances.”
Factors considered in child support adjustments include:
- Changed income due to employment or cost of living in the new area.
- Additional travel expenses required for parent-time exchanges.
- Revised time-sharing schedules that shift the financial burden between parents.
- Altered insurance, schooling, or housing expenses for the child.
Alimony may also be modified if the move impacts the recipient’s need for support or the payor’s ability to provide it. Modifying support requires filing a motion and supporting your request with solid documentation—pay stubs, receipts, and evidence of cost changes are helpful. Every claim must be substantiated to withstand court scrutiny.
Our team regularly helps clients run projections and gather thorough documentation. We use official Utah child support calculators and coordinate with financial professionals when needed, ensuring informed, accurate support requests during relocation divorce modifications.
What Happens If You Need to Move Out of State or Out of the Country?
Crossing state or national borders creates unique hurdles beyond Utah’s relocation statute. For any move over 150 miles—or one that leaves Utah—the Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA) comes into play. This law determines which state’s courts have jurisdiction over your custody orders, and confusion over this can complicate future modifications or enforcement actions.
International moves add further complexity. If a parent wants to take their child outside the United States, judges must consider international treaties like the Hague Convention and the practical enforceability of any custody order abroad. Courts are highly cautious, scrutinizing the reasons for the move and the safeguards in place to prevent abduction or disregard of Utah orders.
We help parents understand—and navigate—jurisdiction risks, coordinate with attorneys in other states or countries, and make sure new orders are drafted to be enforceable wherever your family goes. By preparing well in advance, we help families anticipate and resolve cross-border disputes before they become legal emergencies.
How to Respond If Your Former Spouse Plans Relocation & You Disagree
If you receive notice that your co-parent intends to relocate, quick action is critical. Utah law allows you to contest a proposed move, and the window for a timely response is usually 30 days from notice. Filing a written objection is your first step; waiting too long can be interpreted as agreeing, making it much harder to prevent the relocation later.
Court objections must be rooted in the child’s best interests. This means providing evidence of why the move is not beneficial for your child—potential loss of educational opportunities, diminished relationships with extended family, or the disruption of established support systems. Courts also look for positive parent-child history, so demonstrating your active involvement can strengthen your case.
We work closely with parents to craft strategic, well-supported objections and to prepare for hearings where both sides can present their case fully. Our process includes gathering documents, consulting with witnesses, and pursuing options for alternative dispute resolution, such as mediation, if it may lead to a better, less adversarial outcome for your family.
Common Mistakes to Avoid During a Relocation Divorce Modification
Relocation cases can be derailed by preventable errors. The most common mistake is failing to follow Utah's legal notice requirements or relocating without securing a court-approved modification. This can lead to charges of contempt, loss of custody, or even criminal consequences in severe scenarios.
Many parents make the error of relying on informal parenting arrangements or verbal agreements about new schedules and financial support. These are unenforceable in court and leave the family vulnerable if conflicts arise later on. Overlooking financial implications or miscalculating travel logistics can also result in orders that are impractical or unfair, leading to additional disputes down the road.
To protect your interests, we recommend:
- Always document all communications regarding relocation, keeping records of every agreement or discussion.
- Engage with an attorney as soon as relocation is under consideration—whether you are proposing or responding to a move.
- Complete and process all documents through the court system to ensure legal enforceability.
- Prepare for each step as though your case will be contested, even if it seems likely to be resolved amicably.
Our team emphasizes preventive action and thorough preparation to position your family for the smoothest possible transition.
Addressing Emergency Relocations & Temporary Orders in Utah
Sometimes families must relocate quickly due to emergencies such as urgent job changes, threats to safety, or severe family health issues. Utah courts allow parents to request temporary orders or emergency modifications in these situations. These motions can provide legal protection and guidance until a full hearing can be scheduled, but they require strong documentation.
To pursue emergency relocation, parents must file a Motion for Temporary or Emergency Orders and provide convincing evidence—letters from employers, police reports, or medical records—to justify the urgent move. Judges carefully examine whether the situation truly warrants bypassing standard notice requirements and will prioritize the child's safety and welfare above all else.
Our firm acts quickly in emergencies, handling filings, gathering evidence, and representing your interests in accelerated court hearings. We prioritize minimizing disruption and maintaining safety, helping your family move forward during critical moments with as much stability as possible.
How a Family Law Attorney Handles Relocation Divorce Modifications
Relocation divorce modifications are among the most complex matters in Utah family law. Our role extends far beyond submitting paperwork—we analyze your circumstances, develop tailored legal strategies, and anticipate court expectations to ensure your family's story is fully heard. Whether you need to relocate, are facing an unexpected move, or just want to understand your rights, having a knowledgeable team means clarity and support from start to finish.
We provide the following services:
- Clarifying each party’s legal rights and responsibilities under Utah law before any action is taken.
- Drafting new parenting plans that address travel, communication, and shared responsibilities.
- Managing evidence, filings, and detailed court preparation, all customized for the courts in Salt Lake County.
- Representing clients in negotiations, mediations, or contested hearings as needed.
- Educating clients throughout the process, so every decision is made from an informed, empowered place.
We pride ourselves on balancing legal strength with a personal, approachable style, always working to reduce the emotional burden on your family while ensuring that your case receives the attention and care you deserve.
If you're facing a relocation divorce modification in Salt Lake County or beyond, we can help you navigate the process. Contact Eric M. Swinyard & Associates, PLLC at (801) 515-4133—our team is here to answer your questions and offer the dedicated support you need.