The Utah 150-Mile Relocation Rule: How to Legally Move Out of State with Your Child

Relocating with a child after a divorce or custody determination is one of the most complex areas of family law. Whether a job opportunity takes you from Salt Lake City to another state, or you need to move from Provo to be closer to family, Utah courts heavily regulate how and when a child can be relocated. If you are facing a relocation issue, finding a skilled family law attorney in our directory can help you protect your parental rights and present a strong case.

Step-by-Step Process for Relocating in Utah

Whether you live in Ogden, St. George, or West Valley City, moving a child out of state or more than 150 miles away triggers specific statutory requirements under Utah Code § 81-9-209. The court requires a formal process to ensure the child's relationship with the non-relocating parent is preserved.

Step 1: Providing the 60-Day Notice

Before you can legally move 150 miles or more, you must send a formal written notice to the other parent at least 60 days before the intended moving date. This notice must include the exact new address, the reason for the move, and a proposed long-distance parent-time schedule. Failing to provide this notice can result in the court ordering the child to be returned to Utah.

Step 2: Filing or Responding to the Notice

Once the notice is sent, the non-relocating parent has the opportunity to object. If they do not agree, either parent can file a motion for a relocation hearing in the local court, such as the Third District Court, Salt Lake City or the Fourth District Court, Provo. You will typically file a Form 1157FA, Utah, State Courts, Notice of Relocation to formally place the matter before the judge.

Step 3: Attending the Relocation Hearing

If the move is contested, the court will hold a hearing to decide whether the relocation is in the child's best interests. A judge will look at the reasons for the move, the bond the child has with both parents, and how the move will impact the child's education and emotional development. Precedents like Pingree v. Pingree, 365 P.3d 713 (UT Court of Appeals 2015) highlight that the primary focus is always the best interests of the child, not just the convenience of the parent.

Contesting a Co-Parent's Move

If you are the parent staying in Utah and you wish to block the relocation, you must act quickly. You have a limited window to file an objection with the court after receiving the 60-day notice. To successfully contest the move, your attorney must demonstrate that the move will harm the child's well-being or that the relocating parent's motive is simply to interfere with your parenting time. Utah courts take these objections seriously, and judges often appoint a guardian ad litem or evaluator to investigate.

How the Court Allocates Travel Costs

Long-distance parent-time involves significant expenses, such as airline tickets or driving costs. Under Utah Code § 81-9-209, if a parent relocates, the court typically requires the relocating parent to bear half or even the majority of the travel costs to facilitate visitation. This ensures that the non-relocating parent is not financially punished for the other parent's decision to move. Judges will review both parents' incomes when dividing the costs of flights for the child or gas mileage for driving.

Temporary Relocation for Military Deployments

Service members stationed at Hill Air Force Base or other installations face unique relocation challenges. Utah law provides specific protections for military deployments. If a parent is deployed out of state, the court can issue temporary orders to adjust custody and provide electronic visitation (like video calls). Once the deployment ends, custody generally reverts to the original schedule, protecting the service member's long-term parental rights.

Transitioning to a Long-Distance Holiday Schedule

When a child moves out of state, the standard every-other-weekend schedule is no longer practical. Utah statutes provide a default long-distance schedule, which generally gives the non-relocating parent extended time during the summer break, Thanksgiving, and alternating Winter holidays. This allows the child to spend large, meaningful blocks of time with the parent who remains in Utah.

How Much Does it Cost in Utah?

Filing a petition to relocate or to contest a relocation involves standard court filing fees, which generally range from $40 to $120 for a motion to modify. However, the primary cost is attorney fees. A contested relocation case is heavily litigated. You can expect to pay a retainer of $3,500 to $7,000, with total legal fees easily exceeding $10,000 if the case goes to an evidentiary hearing or requires a custody evaluator.

How Long Does the Process Take?

The timeline depends entirely on whether the move is contested. If both parents agree and submit a stipulated relocation plan, the judge can sign the order in 2 to 4 weeks. If the move is contested, the litigation process can take 4 to 8 months, as it requires gathering evidence, possible psychological evaluations, and scheduling a trial date on the court's busy docket.

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