Legal Question in Family Law in Utah

My wife has joint custody of her 9 year old daughter she also is the custodial parent and the daughter lives with us 90% of the time. We are looking at a job opportunity in Spokane Wa. (we live in Utah) he does not want us to go and is threating to go back to court. The job would pay us about twice the annual salary and is a big promotion. We have offered to fly her home for the summers and Christmas and one other time a year. Does he have legal right to keep her in Utah?


Asked on 9/14/09, 8:17 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Your wife is required to give the father written notice as soon as practical of the move. The father has the right to seek a court order restraining the daughter from leaving the state. There is a "long distance visitation" statute, UCA 30-3-37 that sets forth minimum visitation, you can always grant more visitation. A court will make the final decision if your wife and the father cannot agree.

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Answered on 9/21/09, 11:01 am


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