30-3-37. Relocation.
(1) For purposes of this section, "relocation" means moving from the state or 150 miles or
more from the residence specified in the court's decree.
(2) The relocating parent shall provide, if possible, 60 days advance written notice of the
intended relocation to the other parent. The written notice of relocation shall contain statements
affirming the following:
(a) the parent-time provisions in Subsection (5) or a schedule approved by both parties
will be followed; and
(b) neither parent will interfere with the other's parental rights pursuant to court ordered
parent-time arrangements, or the schedule approved by both parties.
(3) The court may, upon motion of any party or upon the court's own motion, schedule a
hearing with notice to review the notice of relocation and parent-time schedule as provided in
Section 30-3-35 and make appropriate orders regarding the parent-time and costs for parent-time
transportation.
(4) In determining the parent-time schedule and allocating the transportation costs, the
court shall consider:
(a) the reason for the parent's relocation;
(b) the additional costs or difficulty to both parents in exercising parent-time;
(c) the economic resources of both parents; and
(d) other factors the court considers necessary and relevant.
(5) Unless otherwise ordered by the court, upon the relocation, as defined in Subsection
(1), of one of the parties the following schedule shall be the minimum requirements for
parent-time with a school-age child:
(a) in years ending in an odd number, the child shall spend the following holidays with
the noncustodial parent:
(i) Thanksgiving holiday beginning Wednesday until Sunday; and
(ii) Spring break, if applicable, beginning the last day of school before the holiday until
the day before school resumes;
(b) in years ending in an even number, the child shall spend the following holidays with
the noncustodial parent:
(i) the entire winter school break period; and
(ii) the Fall school break beginning the last day of school before the holiday until the day
before school resumes;
(c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive
weeks. The children should be returned to the custodial home no later than seven days before
school begins; however, this week shall be counted when determining the amount of parent-time
to be divided between the parents for the summer or off-track period; and
(d) at the option and expense of the noncustodial parent, one weekend per month.
(6) 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 children.
(7) 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 interests of the child. If the court orders uninterrupted parent-time
during a period not covered by this section, it shall specify in its order which parent is
responsible for the child's travel expenses.
(8) Unless otherwise ordered by the court the relocating party shall be responsible for all
the child's travel expenses relating to Subsections (5)(a) and (b) and 1/2 of the child's travel
expenses relating to Subsection (5)(c), provided the noncustodial parent is current on all support
obligations. If the noncustodial parent has been found in contempt for not being current on all
support obligations, the noncustodial parent shall be responsible for all of the child's travel
expenses under Subsection (5), unless the court rules otherwise. Reimbursement by either
responsible party to the other for the child's travel expenses shall be made within 30 days of
receipt of documents detailing those expenses.
(9) The court may apply this provision to any preexisting decree of divorce.
(10) Any action under this section may be set for an expedited hearing.
(11) A parent who fails to comply with the notice of relocation in Subsection (2) shall be
in contempt of the court's order.
Amended by Chapter 146, 2008 General Session
Download Code Section Zipped WordPerfect 30_03_003700.ZIP 4,424 Bytes