I have joint legal and joint physical custody. their mother is the custodial parent if she is to move out of the area to be able to keep to the minimum statues of having joint physical custody is their anything i can do ...

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I have joint legal and joint physical custody. their mother is the custodial parent if she is to move out of the area to be able to keep to the minimum statues of having joint physical custody is their anything i can do

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DakotaLegal's picture

 

 
Absolutely “Yes.” You have to get at least 60 days notice under Utah law, and a chance to dispute the move, before she moves with the child. As short ago as a decade ago, there was still a preference (and prejudice) for allowing moves out of state by the custodial parent. Obviously, this worked to the great disadvantage of fathers, who rarely had primary physical custody. Yet, even with improvements, there’s still a big burden on the non-custodial parent, because “relocation” means more than 150 miles in Utah. Those 150 miles, however, do not include crossing over the Utah border. I’m first suggesting you look very closely at the existing order for guidance, and then I’ll describe both a court case and the Utah legislature’s rules, leaving it to you to match those cases with your particular facts. If money is an issue, you can try to get low cost legal aid… http://www.utahlegalservices.org/ or from the Utah bar association… http://www.utahbar.org/public/pro_bono_resources.html.
 
The Original Order
 
The building block to any action you need to take (and your odds of success) is going to use that original custody order. The major point is always going to be what judges call the “best interests of the child.” If you had to contest custody to get your present parenting agreement, then you are already very familiar with this best interest test. If, on the other hand, you negotiated a parental agreement that the court accepted, then you should take a fresh look at this test. Here’s a case that does an excellent job of summarizing the way a court balances relocation questions by emphasizing “best interests”:
 
“[R]elocation in joint custody cases must be viewed on a case-by-case basis with attention to any manifestations of what was contemplated by the parties and the court at the time the original orders were entered, the impact the relocation will have on the minor child, the history of the non-relocating parent and the child's relationship, the history of the relocating parent and the child's relationship, the input from the attorney for the minor child, the family relations report and the reasons offered by the relocating parent for the move. Additionally, the burden of establishing the benefits of the move must rest with the relocating parent. . Underlying all of these factors is the premise that the court must base its decision on what is in the best interest of the minor child.” http://caselaw.findlaw.com/ct-supreme-court/1425812.html.
 
Sample Case & Utah Law
 
FREQUENT MOVES. To change the order and allow relocation while keeping physical custody, the mother will have to justify this move, which is probably a substantial change in circumstances. I’ll give you a case (Marchand v. Marchand) where the father challenged the frequency of the mother’s moves, and also had some evidence of an abusive boyfriend being in the mother’s life. If, for example, the mother in your case has frequently moved, then you can use this to back your argument. The sex and age of the child are also a consideration, since some judges rely on psychological evidence suggesting same-sex custody is entitled to some weight. http://caselaw.findlaw.com/ut-court-of-appeals/1478638.html.
 
UTAH STATE LAWS HAVE CHANGED. The Utah legislature has been changing custody rules since 2008. The “Relocation” provision is found at Utah Code Ann. § 30-3-37. You’ll need to read that law in detail for your situation: http://le.utah.gov /code/TITLE30/htm/30_03_003700.htm. The Utah Relocation laws now also allow a non-custodial parent to be able to have one visit per month with the children, along with an opportunity for increasing summer parenting-time under some circumstances. One example would be if travel is too costly (or unreasonable due to weather), based on the distance between parents.

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DakotaLegal's picture

 

 
Absolutely “Yes.” You have to get at least 60 days notice under Utah law, and a chance to dispute the move, before she moves with the child. As short ago as a decade ago, there was still a preference (and prejudice) for allowing moves out of state by the custodial parent. Obviously, this worked to the great disadvantage of fathers, who rarely had primary physical custody. Yet, even with improvements, there’s still a big burden on the non-custodial parent, because “relocation” means more than 150 miles in Utah. Those 150 miles, however, do not include crossing over the Utah border. I’m first suggesting you look very closely at the existing order for guidance, and then I’ll describe both a court case and the Utah legislature’s rules, leaving it to you to match those cases with your particular facts. If money is an issue, you can try to get low cost legal aid… http://www.utahlegalservices.org/ or from the Utah bar association… http://www.utahbar.org/public/pro_bono_resources.html.
 
The Original Order
 
The building block to any action you need to take (and your odds of success) is going to use that original custody order. The major point is always going to be what judges call the “best interests of the child.” If you had to contest custody to get your present parenting agreement, then you are already very familiar with this best interest test. If, on the other hand, you negotiated a parental agreement that the court accepted, then you should take a fresh look at this test. Here’s a case that does an excellent job of summarizing the way a court balances relocation questions by emphasizing “best interests”:
 
“[R]elocation in joint custody cases must be viewed on a case-by-case basis with attention to any manifestations of what was contemplated by the parties and the court at the time the original orders were entered, the impact the relocation will have on the minor child, the history of the non-relocating parent and the child's relationship, the history of the relocating parent and the child's relationship, the input from the attorney for the minor child, the family relations report and the reasons offered by the relocating parent for the move. Additionally, the burden of establishing the benefits of the move must rest with the relocating parent. . Underlying all of these factors is the premise that the court must base its decision on what is in the best interest of the minor child.” http://caselaw.findlaw.com/ct-supreme-court/1425812.html.
 
Sample Case & Utah Law
 
FREQUENT MOVES. To change the order and allow relocation while keeping physical custody, the mother will have to justify this move, which is probably a substantial change in circumstances. I’ll give you a case (Marchand v. Marchand) where the father challenged the frequency of the mother’s moves, and also had some evidence of an abusive boyfriend being in the mother’s life. If, for example, the mother in your case has frequently moved, then you can use this to back your argument. The sex and age of the child are also a consideration, since some judges rely on psychological evidence suggesting same-sex custody is entitled to some weight. http://caselaw.findlaw.com/ut-court-of-appeals/1478638.html.
 
UTAH STATE LAWS HAVE CHANGED. The Utah legislature has been changing custody rules since 2008. The “Relocation” provision is found at Utah Code Ann. § 30-3-37. You’ll need to read that law in detail for your situation: http://le.utah.gov /code/TITLE30/htm/30_03_003700.htm. The Utah Relocation laws now also allow a non-custodial parent to be able to have one visit per month with the children, along with an opportunity for increasing summer parenting-time under some circumstances. One example would be if travel is too costly (or unreasonable due to weather), based on the distance between parents.