# I Share 50/50 Custody With My Ex - Can She Move and Take the Kids? | Brown Family Law

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](https://le.utah.gov/xcode/Title30/Chapter3/30-3-S37.html)** 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](https://www.brownfamilylaw.com/faqs/what-is-a-petition-to-modify-in-divorce/). 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](https://www.brownfamilylaw.com/faqs/what-are-the-different-types-of-child-custody-in-utah/) (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](https://www.brownfamilylaw.com/faqs/how-to-win-a-custody-battle-in-utah/), 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.

**Call Brown Law**

If you find yourself facing a Utah divorce, please call **801.685.9999** for an in-person consultation, or use our [online scheduling tool](https://www.brownfamilylaw.com/contact-us/).

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Source: https://www.brownfamilylaw.com/faqs/i-share-50-50-custody-with-my-ex-can-she-move-and-take-the-kids/