My Ex Said She Wants to Move, but We Share 50/50 Custody; Can She Move and Take the Kids?

Moving after divorce is always a mess.

It’s hard enough to do when everyone’s on the same page. It becomes much more complicated when everyone’s on different pages.

But, life happens, and people move, so it’s a pretty normal issue divorced couples deal with.

How do you handle moving when there are kids involved and you share 50/50 custody?

Can one parent just decide to move and then take the kids?

First thing: a parent can’t just move without providing notice.

Under Utah law, a parent has to give notice sixty days before he or she moves. If a parent doesn’t give notice, and the parent takes the kids, the court will make the kids come back to Utah.

Second thing: if parents share 50/50 custody, there’s not much chance the kids are moving from Utah.

If you share 50/50 custody and someone wants to move away, the parent who wants to move will need to file a petition to modify custody. That is a process that will take a long time and cost a lot of money.

In other words, you can’t just say you want to move, and then move and take the kids.

(Note: if one parent has sole physical custody (i.e., more than 70% of the overnights with the kids), then that parent can probably move without much of a problem. But 50/50 is joint physical custody, which is a totally different situation.)

Bottom Line

If you share 50/50 custody, it’s very unlikely your ex will be able to move away and take the kids.

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If you find yourself facing a Utah divorce, please call 801.685.9999 for an in-person consultation, or use our online scheduling tool.

Published On: October 3rd, 2019Categories: Child CustodyComments Off on My Ex Said She Wants to Move, but We Share 50/50 Custody; Can She Move and Take the Kids?
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About the Author: Marco Brown
Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.
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