Legal Question in Family Law in Utah
moving out of state
I want to move from Utah to Idaho. I have sole physical, joint legal custody of my son. Our divorce papers state if I move out of state my ex gets to sole physical of my son. What chances to I have as a very fit mom of wining this case to move my son with me?
2 Answers from Attorneys
Re: moving out of state
You must get a new court order. If you move in violation of the court order and take the child with you, you can be in big trouble.
Your chances of prevailing depend on the specific facts. You may call for a free consultation.
Re: moving out of state
It might be very difficult for you since your decree of divorce contains language indicating it was contemplated that you might be moving out of state. Under the law, in order to modify a decree of divorce, you must show a substantial and material change in circumstances that were not contemplated at the time of the divorce. If the language in your decree contains language reflecting a possible move, then you may not be able to prevail on a petition to modify. The best approach may be to simply talk to your ex to see if he would be willing to negotiate something which would permit you leaving the state with your son.
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