Utah Code 81-9-209: Moving 150+ Miles With a Child
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Utah Code 81-9-209 defines relocation as moving 150 miles or more from the other parent’s residence. The relocating parent must provide written notice at least 60 days before the intended move. A notice does not resolve every custody issue: review your existing order and the court’s process before changing the child’s living arrangements.
This guide was checked against the statute effective May 6, 2026 and the Utah Courts relocation guide. Your order and circumstances matter.
What must the relocation notice say?
The notice must affirm that the statutory parent-time provisions or a schedule approved by both parents will be followed, and that neither parent will interfere with the other’s parental rights under the applicable schedule. Use the official court forms and instructions rather than treating a text message about the move as a complete filing process.
Read your existing custody order first. It may already address relocation. Gather the proposed move date, your current parenting schedule, and the practical changes the move would require before completing the notice.
Is notice enough when parents have joint physical custody?
The Utah Courts guide explains that a parent with joint physical custody who wants to relocate with the children must also file a Petition to Modify Custody. It defines joint physical custody as at least 111 nights per year in each parent’s home and cites Ross v. Ross, 2019 UT App 104.
See the court’s relocation guide for the additional forms. Divvi’s modification overview can help you understand the process, but a proposed change is not an approved court order.
Can the other parent ask for a hearing?
Yes. Either party may request a hearing through a Motion for Orders Regarding Relocation; the court may also act on its own motion. The court considers the child’s best interests. If it finds relocation is not in the child’s best interests and the custodial parent moves, it may change custody.
The court’s guide explains that the motion must be served under Rule of Civil Procedure 4. Follow those instructions; service requirements differ from those for many other motions.
Who pays transportation costs after relocation?
The statute does not assign every travel expense to the relocating parent. Unless the court orders otherwise, the default depends on the type of parent-time and support compliance:
| Parent-time | Default travel-cost treatment |
|---|---|
| Holidays under subsection (9)(a) and (b) | Relocating parent pays the child’s travel expenses, provided the noncustodial parent is current on support. |
| Summer or off-track time under (9)(c) | Relocating parent pays half of the child’s travel expenses, with the same support condition. |
| Optional monthly weekend under (9)(d) | At the noncustodial parent’s expense. |
| Noncustodial parent found in contempt for unpaid support | That parent pays the child’s travel expenses under subsection (9), unless the court rules otherwise. |
The court can allocate costs differently. Keep travel receipts and read the reimbursement provisions in your order and subsection (17).
What parent-time schedule applies?
For children ages five to 18, subsection (9) provides a minimum schedule unless the court orders otherwise. It includes alternating specified holidays, half of summer or off-track time, and an optional monthly weekend. Children under five require a schedule that considers their age, development, attachment, distance, and travel needs.
Use the full statute and your order for exact dates and exceptions. The overnight counter can help you check a proposed calendar; it does not determine which schedule the court will approve.
What if the move involves domestic violence?
Subsection (8) requires specific court findings and orders when a parent relocates because of domestic or family violence by the other parent. Get help applying the rules to your situation. See Utah domestic violence resources for confidential support and legal-help options.
How can parents prepare for a relocation discussion?
Write down a workable schedule, school and travel arrangements, and a proposed cost split. When discussion is safe, mediation can help parents work through disagreements. Get advice on the filings needed to make any agreement part of the court order.
Keep the existing order, notice, proposed calendar, and travel-cost estimates together. These give you a concrete starting point for a court self-help appointment or a conversation with an attorney.