Out of State Custody in Utah
In most cases, parents must inform each other before moving out of state or more than 150 miles away within 60 days of the move if possible. Failure to provide adequate notice of a pending move can lead the court to hold that party in contempt, so it important that you let the other party know as soon as you can that you are planning on moving. The reason behind the move may also be a consideration taken by the court. A Utah Child Custody Lawyer can help you plan your legal strategy for moving or opposing an out of state custody arrangement. Call us today at 801.618.1331.
During a pending move, it is assumed that the visitation rights arrangement during and after the move is still in effect and any variation will be a per se violation of the agreement. If both parties are in agreement, the visitation rights can be modified outside of court, which would keep court cost down.
In many cases, the initial parenting plan allows parties to decide whether the parents will use counseling, mediation or through court action child to determine if the child will remain in-state or will move with the parent.
Court Action to Create a New Custody Arrangement as a Result of a Move
If the parties are unable to agree to new arrangements, the parent that is moving can file a petition to modify custody with the court. The court bases custody on stability in the child’s life. If the child is young, the court will tend to keep young children with the primary caregiver, even if the caregiver is the one that is moving. If the child is a teenager, the court tends to keep the child with the parent that is not moving in an effort to keep the child with their friends and neighbors. The court will take the child’s age into consideration, but will make its final decision on what it feels is in the best interest of the child, regardless of legal precedent.
Are you or your ex moving out of state? We Can Help.
If you have received notice that your ex will be moving out of state, or you would like to move out of state, and there are children involved, don’t delay. Speak with a Utah Child Custody Attorney today at Utah Divorce Hotline. We can help you successfully make the changes necessary to secure the custody arrangement you desire. Call us today.