(1) As used in this section, “relocation” means moving 150 miles or more from the residence of the other parent.
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Terms Used In Utah Code 81-9-209

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Child: means , except as provided in Section 81-6-101, a biological or adopted child of any age. See Utah Code 81-1-101
  • Court: means :
         (2)(a) a judge; or
         (2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section 78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101
  • Custodial parent: means :
         (3)(a) a parent awarded primary physical custody of a minor child by a court order;
         (3)(b) if both parents have joint physical custody:
              (3)(b)(i) the parent awarded more overnights each year by a court order; or
              (3)(b)(ii) the parent designated as the custodial parent by a court order; or
         (3)(c) if there is no court order, the parent with whom the minor child resides more than one-half of the calendar year without regard to any temporary parent-time. See Utah Code 81-1-101
  • Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 81-9-101
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Minor child: means , except as provided in Section 81-6-101, a child who is younger than 18 years old and is not emancipated. See Utah Code 81-1-101
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Noncustodial parent: means the parent who is not the custodial parent regardless of any designation of joint legal custody. See Utah Code 81-1-101
  • Parent: means a parent with an established parent-child relationship as described in Section 78B-15-201. See Utah Code 81-1-101
(2) The relocating parent shall provide written notice to the other parent at least 60 days before the day on which the relocating parent intends to relocate.
(3) The written notice of relocation under Subsection (2) shall contain statements affirming :

     (3)(a) the parent-time provisions in Subsection (9) or a parent-time schedule approved by both parties will be followed; and
     (3)(b) that a parent will not interfere with the other’s parental rights pursuant to court ordered parent-time arrangements or the parent-time schedule approved by both parties.
(4) The court shall, upon motion of any party or upon the court’s own motion, schedule a hearing with notice to:

     (4)(a) review the notice of relocation and the relevant parent-time schedule under Section 81-8-302 or 81-8-304; and
     (4)(b) make appropriate orders regarding the parent-time schedule and costs for parent-time transportation.
(5) In a hearing to review the notice of relocation, the court shall, in determining if the relocation of a custodial parent is in the best interest of the minor child, consider any other factors that the court considers relevant to the determination.
(6) If the court determines that relocation is not in the best interest of the minor child, and the custodial parent relocates, the court may order a change of custody.
(7)

     (7)(a) If the court finds that the relocation is in the best interest of the minor child, the court shall determine the parent-time schedule and allocate the transportation costs that will be incurred for the minor child to visit the noncustodial parent.
     (7)(b) In making a determination under Subsection (7)(a), the court shall consider:

          (7)(b)(i) the reason for the parent’s relocation;
          (7)(b)(ii) the additional costs or difficulty to both parents in exercising parent-time;
          (7)(b)(iii) the economic resources of both parents; and
          (7)(b)(iv) other factors the court considers necessary and relevant.
(8) If a parent relocates because of an act of domestic violence or family violence by the other parent, the court shall make specific findings and orders with regard to the application of this section.
(9) Unless otherwise ordered by the court, upon the relocation of one of the parties, the following schedule is the minimum parent-time the noncustodial parent is entitled to a minor child who is five to 18 years old:

     (9)(a) in years ending in an odd number, the minor child shall spend the following holidays with the noncustodial parent:

          (9)(a)(i) Thanksgiving holiday beginning Wednesday until Sunday; and
          (9)(a)(ii) Spring break, if applicable, beginning the last day of school before the holiday until the day before school resumes;
     (9)(b) in years ending in an even number, the minor child shall spend the following holidays with the noncustodial parent:

          (9)(b)(i) the entire winter school break period; and
          (9)(b)(ii) the Fall school break beginning the last day of school before the holiday until the day before school resumes;
     (9)(c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive weeks; and
     (9)(d) one weekend per month, at the option and expense of the noncustodial parent.
(10) For extended parent-time under Subsection (9)(c), the minor child should be returned to the custodial home no later than seven days before school begins, except that this week is counted when determining the amount of parent-time to be divided between the parents for the summer or off-track period.
(11)

     (11)(a) The court may also set a parent-time schedule for a minor child who is younger than five years old.
     (11)(b) The schedule shall take into consideration the following:

          (11)(b)(i) the age of the minor child;
          (11)(b)(ii) the developmental needs of the minor child;
          (11)(b)(iii) the distance between the parents’ homes;
          (11)(b)(iv) the travel arrangements and cost;
          (11)(b)(v) the level of attachment between the minor child and the noncustodial parent; and
          (11)(b)(vi) any other factors relevant to the best interest of the minor child.
(12) The noncustodial parent’s monthly weekend entitlement is subject to the following restrictions.

     (12)(a)

          (12)(a)(i) If the noncustodial parent has not designated a specific weekend for parent-time, the noncustodial parent shall receive the last weekend of each month unless a holiday assigned to the custodial parent falls on that particular weekend.
          (12)(a)(ii) If a holiday assigned to the custodial parent falls on the last weekend of the month, the noncustodial parent is entitled to the next to the last weekend of the month.
     (12)(b) If a noncustodial parent’s extended parent-time or parent-time over a holiday extends into or through the first weekend of the next month, that weekend shall be considered the noncustodial parent’s monthly weekend entitlement for that month.
     (12)(c) If a minor child is out of school for teacher development days or snow days after the minor child begins the school year, or other days not included in the list of holidays in Subsection (9) and those days are contiguous with the noncustodial parent’s monthly weekend parent-time, those days shall be included in the weekend parent-time.
(13) The custodial parent is entitled to all parent-time not specifically allocated to the noncustodial parent.
(14) In the event finances and distance preclude the exercise of minimum parent-time for the noncustodial parent during the school year, the court should consider awarding more time for the noncustodial parent during the summer time if it is in the best interests of the the minor child.
(15)

     (15)(a) Upon the motion of any party, the court may order uninterrupted parent-time with the noncustodial parent for a minimum of 30 days during extended parent-time, unless the court finds it is not in the best interest of the minor child.
     (15)(b) If the court orders uninterrupted parent-time during a period not covered by this section, the court shall specify in its order which parent is responsible for the minor child’s travel expenses.
(16)

     (16)(a) Unless otherwise ordered by the court the relocating party shall be responsible for all the minor child’s travel expenses relating to Subsections (9)(a) and (b) and 1/2 of the minor child’s travel expenses relating to Subsection (9)(c), provided the noncustodial parent is current on all support obligations.
     (16)(b) If the noncustodial parent has been found in contempt for not being current on all support obligations, the noncustodial parent is responsible for all of the minor child’s travel expenses under Subsection (9), unless the court rules otherwise.
     (16)(c) A responsible party shall make a reimbursement to the other for the minor child’s travel expenses within 30 days of receipt of documents detailing those expenses.
(17) The court may apply this provision to any preexisting decree of divorce.
(18) Any action under this section may be set for an expedited hearing.
(19) A parent who fails to comply with the notice of relocation in Subsection (2)is in contempt of the court’s order.

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