Under Utah Code Section 30-3-37, a parent with joint physical custody or parent-time rights must provide written notice at least 60 days before relocating with a child. The other parent then has 30 days to object, which triggers a court hearing where the relocating parent must prove the move serves the child’s best interest.
Last updated: July 2026
Key Takeaways
- Utah law requires a relocating parent to serve written notice at least 60 days before moving, with specific content requirements under Section 30-3-37(1).
- The non-relocating parent has 30 days from receipt of notice to file a formal objection with the court, which automatically halts the relocation until a hearing.
- If the objection is timely filed, the relocating parent bears the burden of proving the move is in the child’s best interest by a preponderance of the evidence.
- Failure to provide proper notice can result in the court restricting or denying the relocation and may be considered in future custody determinations.
Relocation cases are among the most contentious in Utah family law because they force a fundamental restructuring of the parent-child relationship. When one parent wants to move, the other parent’s parent-time schedule is directly affected, and the court must balance the relocating parent’s freedom of movement against the child’s right to maintain meaningful relationships with both parents. Utah Code Section 30-3-37 provides the statutory framework for resolving these disputes.
The statute applies to any parent who is subject to a custody or parent-time order. It does not matter whether the move is across town, across the county, or across the country. If the relocation will substantially change the existing parent-time schedule, the notice requirements and potential objection process apply.
What is a relocation under Utah Code Section 30-3-37?
A relocation under Utah law is any change of a parent’s primary residence that substantially affects the existing parent-time or custody arrangement. The statute defines relocation broadly to include moves that would materially change the geographic distance between the parents and thereby alter the practical ability to exercise parent-time as previously ordered.
The Utah Legislature amended Section 30-3-37 to create a clear procedural roadmap for parents who need to relocate while sharing custody. The statute applies to both in-state moves that cross county lines or create significant distance and out-of-state moves. The key threshold question is whether the move would make the existing parent-time schedule unworkable or require a court to modify the schedule to accommodate the new geographic reality.
Courts examine the specific distance involved, the current parent-time arrangement, and whether reasonable alternatives exist to preserve the non-relocating parent’s time with the child. A move of 50 miles within the same state might trigger the statute in one case but not another, depending on the specific circumstances and the existing schedule.
According to Utah Code Section 30-3-37(1)(a), the relocating parent must provide notice “within a reasonable time but not less than 60 days before the date of the proposed relocation.”
When must a parent give notice before relocating with a child?
A parent must give notice whenever they intend to relocate their primary residence and that relocation will materially change the geographic distance between the parents. The 60-day notice requirement under Section 30-3-37(1) applies to any parent who has been awarded joint physical custody or parent-time rights.
The notice must be in writing and must include several specific pieces of information. The relocating parent must state the intended new address, the date of the proposed move, the reasons for the relocation, and a proposed revised parent-time schedule. Failure to include all required information can result in the notice being deemed insufficient, which may restart the clock on the objection period or give the other parent grounds to request additional information from the court.
There is no exception for moves that the relocating parent believes are obviously beneficial for the child. Even if the move is for a better job, proximity to extended family, or more affordable housing, the notice requirement still applies. The court wants both parents to have an opportunity to address the relocation before it happens, not after.
What information must the relocation notice include?
Under Utah Code Section 30-3-37(1)(b), the written notice must include the intended new residence address, if known, or a general description of the intended location if the specific address is not yet known. The notice must also include the mailing address of the relocating parent if different from the residence address, the date of the intended relocation, and a statement of the reasons for the proposed relocation.
The notice must also include a proposal for a revised parent-time schedule that addresses how the non-relocating parent will maintain a meaningful relationship with the child after the move. This proposed schedule should be realistic and consider factors such as travel distance, school schedules, and the financial burden of transportation.
| Notice Element | Requirement | Common Issue |
|---|---|---|
| New address | Specific address or general location | Vague descriptions may be challenged |
| Move date | Specific intended relocation date | Changes in timing require updated notice |
| Reasons for move | Honest explanation of why relocation is needed | Insufficient detail can weaken the case |
| Proposed revised schedule | Realistic alternative parent-time plan | Unreasonable proposals may suggest bad faith |
What happens when the other parent objects within 30 days?
Under Section 30-3-37(2), the non-relocating parent has 30 days from receipt of the notice to object to the proposed relocation by filing a petition with the court. If the non-relocating parent files a timely objection, the relocation cannot occur until the court holds a hearing and issues an order. This means the objecting parent has the power to halt the move pending judicial review.
Once an objection is filed, the burden shifts to the relocating parent to prove that the proposed relocation is in the child’s best interest. The court then evaluates the relocation using the factors listed in Section 30-3-37(4), which include the reasons for the move, the impact on the child’s relationship with each parent, and the feasibility of preserving the non-relocating parent’s parent-time.
The court must hold a hearing on the objection. At the hearing, both parents may present evidence, call witnesses, and argue their positions. The court issues a written order either permitting the relocation, denying it, or permitting it under specific conditions designed to protect the child’s relationship with the non-relocating parent.
What are the consequences of failing to provide relocation notice?
Failure to provide proper notice under Section 30-3-37 can have serious consequences. The court may deny the relocation altogether or may permit the move but impose conditions that are unfavorable to the relocating parent. The court may also consider the failure to provide notice as evidence that the relocating parent has acted in bad faith, which can affect future custody and parent-time determinations.
In some cases, the court may order the relocating parent to pay the other parent’s attorney fees and costs incurred as a result of the failure to provide timely notice. The court may also modify the custody or parent-time arrangement to compensate the non-relocating parent for the lost opportunity to object before the move occurred.
If a parent relocates without providing notice or while an objection is pending, the court may treat this as a violation of the existing court order and may hold the relocating parent in contempt. Contempt findings can result in additional sanctions, including fines, make-up parent-time, and in extreme cases, modification of custody in favor of the non-relocating parent.
Frequently Asked Questions
Does the 60-day notice apply to every move?
No. The notice requirement applies only when the relocation will materially change the geographic distance between the parents and substantially affect the existing parent-time schedule. Minor moves within the same community may not trigger the requirement.
Can the 60-day notice period be shortened?
Yes. A parent may request the court to shorten the notice period for good cause shown, such as a job opportunity that requires immediate relocation or military deployment orders.
What if the relocating parent does not know the new address yet?
The statute allows the relocating parent to provide a general description of the intended location when the specific address is not yet known. Once the address is determined, the relocating parent must supplement the notice.
Does the 30-day objection window apply to temporary moves?
It depends on whether the temporary move substantially affects parent-time. Short-term temporary relocations may not trigger the full statutory process, but the court can still address them.
Can the non-relocating parent waive the notice requirement?
Yes. The non-relocating parent may waive the notice requirement in writing. However, the court must still approve any modification to the existing custody or parent-time order.
What happens if the objection is not filed within 30 days?
If no timely objection is filed, the relocating parent may proceed with the move. However, the non-relocating parent may still petition the court for a modification of the custody or parent-time order after the move occurs.
Do you need legal help with a Utah relocation case?
Relocation cases involve procedural deadlines, evidentiary burdens, and statutory factors that can be difficult to navigate without legal experience. A single missed deadline can waive important rights, and the consequences of an unsuccessful relocation attempt can affect your family for years. Consulting with a Utah family law attorney before giving or responding to relocation notice can help protect your parental rights and ensure the best possible outcome for your child.
Facing a child custody issue in Utah? Jeremy D. Eveland, MBA, JD, can help protect your parental rights and advocate for your child’s best interests.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah family law attorney for advice specific to your situation.
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