Speak With Our Team Today
(801) 254-9450 Speak With Our Team Today
(801) 254-9450 (801) 254-9450 While divorce can bring many changes, few are more impactful than moving away with a child. This can also be one of the most contentious circumstances following a divorce, especially when the move is cross-country.
Whether you are considering a move or are concerned your former partner is planning to, you have the right to seek help from a dedicated custody attorney. These cases can be complex, especially on your own. Let a South Jordan relocation lawyer help you fight for what matters.
When two parties have joint custody over a minor child, there are limitations on when a party can move away and take the child with them. If they intend to move more than 150 miles away, that parent must first petition the court for permission.
The parent who plans to move must file a notice of intention to relocate with the court at least 60 days before the move. In addition, they must formally serve their co-parent with the notice before the court can act.
The court will consider many factors when deciding this issue, starting with the reason for leaving. Judges will not allow relocation as an attempt to punish the other party, but they will consider requests when employment opportunities or family ties are present in a new location. They will also examine how the non-moving parent’s visitation rights are impacted and each party’s financial resources.
While the non-moving parent can agree to relocation, they are also entitled to object. The court will not grant these motions unless the other party is properly notified and given a chance to be heard.
In this situation, having the support of a South Jordan relocation attorney is crucial. It is never a foregone conclusion that the court will grant these requests, and making a strong case that moving is not best for the child could result in the judge keeping the custody order the same.
Things can become more complicated when a parent attempts to relocate with a child before the divorce is finalized. Because there is no final decree in place, the issue of custody is unsettled. A child relocation lawyer in South Jordan could answer questions about how to resolve this dispute.
Utah has adopted the Uniform Child Custody Jurisdiction and Enforcement Act, and many other states have done the same. This act is used to determine which state has jurisdiction in these situations, and the initial decision is made by the child’s “home state.” This is usually where the juvenile lived for the previous six months. In other words, Utah courts are often still the appropriate jurisdiction even if the other party abruptly left with the child.
There is no question that relocating with a minor child can be one of the most contentious disputes between parents following a divorce. You have rights in this situation, and the team at Carr | Woodall will do everything we can to protect them. Contact us immediately for a private consultation with a South Jordan relocation lawyer. The stakes are too high to attempt to resolve this issue on your own.