Legal Question in Family Law in Utah
custody
is it legal for a parent with joint custody to take a child out of state 4000 miles away to live.
1 Answer from Attorneys
Re: custody
It is legal if the moving parent gives the other parent advance notice. The remaining parent can then file suit and ask the judge for a modification in visitation terms or for a restraining order if the remaining parent can show that the move is not in the best interests of the children. The remaining parent MAY get one or more of the following: (1) adjustment in child support; (2) Reverse support to cover costs of visitation transportation; (3) custody of the children in Utah; or some other combination. The court looks at what is in the best interests of the children. If the move is to a strange destination away from all families and friends as opposed to staying in Utah with family and acquaintances, and if both parents offer comparable nurturing and household values, then the remaining parent would have a good chance to get custody. THESE DECISIONS ARE MADE ON THE FACTS OF EACH CASE AND THERE IS NO ABSOLUTE RULE WHICH DETERMINES THE OUTCOME. YOU SHOULD HAVE LEGAL ASSISTANCE.