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Nov 29
1999
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Ask a Lawyer: Moving a child out-of-statePosted by: Dads Divorce on Nov 29, 1999 Tagged in: Visitation , UT , relocation , Parenting , opposition , notice , multi-state , motion , custody , Ask A Lawyer
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Question:
I'd like info on moving children out of state. It's regarding my boyfriend's children. He and his wife are divorced. They have joint custody. She is threatening to move with the children out of state. If so, who is responsible for getting the children to the father on his weekends and holidays and his time with the kids. Is she able to just up and move away with them?
Answer:
I am not licensed in the State of Utah and therefore I cannot answer your question specifically as it relates to the laws of that State. Many jurisdictions have statutory notification provision for relocation. If the mother has provided the required notice it maybe your boyfriend's obligation to file a Motion in Opposition to Relocation and/or a Motion to Modify the custody and/or visitation. Perhaps if the move would still allow the same amount of time he could just file to modify the transportation provision. If the present plan is not capable following the move, a mediated settlement of the issue or court determination is necessary to modify the present terms of the parenting plan after the move or for the court to prevent the children from relocating.
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