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  • moving out of state Utah

    I have sole legal and physical custody of my daughter. My attorney stated that I did not need to give notice or ask permission if I decide to move out of state. Is this true? I see no written proof of this anywhere

  • #2
    Unless it is stated in the order that you have the right to move without the consent of your ex or the court, no, it is not true. Your ex has the right to the minimum parenting time allowed for in Utah codes, if I remember correctly from your other thread. You cannot just up and move. You will need to send a certified letter to your ex at least 30 days (60 is better) before the move stating where, when and why you are moving. If he objects, you will have to file a petition in court to get an order allowing you to move. Even if the ex does not respond directly to you, his response can be to file in court to ask the court to BLOCK the move. He cannot stop YOU from moving, but he (and the court) can stop the CHILD from moving.


    Even if your order does say that you retain the right to move with no interference, your ex still retains the right to file to ask the court to stop the move.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

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    • #3
      I find that interesting. I wonder why my attorney would have told me otherwise. My ex can't even afford an apartment. He lives with his parents because he refuses (by his actions) to work full time. I would hope the courts would take that into consideration.

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      • #4
        Originally posted by southerngirl313
        I find that interesting. I wonder why my attorney would have told me otherwise. My ex can't even afford an apartment. He lives with his parents because he refuses (by his actions) to work full time. I would hope the courts would take that into consideration.
        I don't know. Maybe you should ask him. Here is a link for UT divorce and child custody (including move away) answers.

        www.familylawsoftware.com/splitgen/contents/legalgn_ut.htm

        and here is a link for the family law statutes of Utah. Go to Utah code Ann. 20-3-1 Divorce. Then go to code 20-3-37 Relocation.
        www.utahbar.org/sites/familylaw/html/statutes.html

        One more thing, wanting to move to limit visitation between your child and the father is not going to make the court happy. If you are wanting to move because your boyfriend is going to have to sell his house, the court is not going to be real happy with that, either.
        Last edited by mommyof4; 08-11-2006, 11:37 AM.
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

        Comment


        • #5
          My wanting to move has nothing to do with not wanting my ex to see his daughter. I don't remember saying that. I have a rather high house payment and would be better off living near my family. I have no family in Utah.

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          • #6
            Originally posted by southerngirl313
            My wanting to move has nothing to do with not wanting my ex to see his daughter. I don't remember saying that. I have a rather high house payment and would be better off living near my family. I have no family in Utah.
            I didn't say that was your reason. I just took the information from your other threads and warned you that if those WERE your reasons, they were not going to fly with the court.
            HOOK 'EM HORNS!!!
            How do you catch a very rare rabbit?
            (unique up on him)
            How do catch an ordinary rabbit?
            (same way)

            Comment


            • #7
              Originally posted by southerngirl313
              My wanting to move has nothing to do with not wanting my ex to see his daughter. I don't remember saying that. I have a rather high house payment and would be better off living near my family. I have no family in Utah.
              Just a friendly reminder:

              Although you don't have any family in Utah, your daughter does- her father.

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              • #8
                You should also be prepared to pay for at least half of any and all travel expenses between your new home and your ex's.

                You could be dinged with the bigger portion as a compromise point if your ex doesn't want you to move...but agrees to it if you pay for travel.
                Not everything that makes you mad, sad or uncomfortable is legally actionable.

                I am not now nor ever was an attorney.

                Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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                • #9
                  southerngirl313....

                  I was in the same position as you...and in Utah. I went through this in NV with my ex. Court battles, etc. I had sole custody of her, he NEVER spent his court ordered time with our daughter, never paid child support and attempted for YEARS to make our, well, my life HELL. Even though it was more than obivious to him, the courts and all others involved, the courts did have issues with me moving back east with my daughter. When she turned 5 and started going to school, she would then tell him that she wanted to move. He agreed to let us move out of Las Vegas (to better her) but not back east. We almost immediately moved to Utah. He ended up moving there as well- in his words, to be closer to my daughter. He spent even less time with her, never went to ANY school functions, games, etc. I decided to skip talking to him and went straight to court. I did not hire an attorney, as I knew the "ins and outs" of the legal system and I had my own agenda. In court, my SOLE reasoning for this move, and what the court needs to HEAR and have PROOF of, is the fact that I was NOT moving to keep her from her dad, I was moving and keeping my daughter's best interest at heart. When I went to court, I had a job offer letter from back east proving that I could provide a stable life for her. I had letters from my family and friends back east. I had pics of the apt I planned on living with her. I had pics and info on her new school. I even had the statistics from that school, compared to her UT school. I had receipts of all daycare and summer camps that i had to pay for during school breaks, b/c her dad couldnt afford and/or adjust his schedule to see our daughter more. I even had letters and emails that i sent to him (pages and pages) that showed how often I attempted to strengthen their relationship and spend more time with her. I suggested a fair time of visitation that, if in place, my daughter could potentially spend more time with her dad. (school breaks, summer, etc) I also offered to pay for half of all expenses to fly her back and firth (or him). Long story short, I was awarded the privledge to move back east with my daughter, and to be closer to my family. Since I have moved back there, my ex has YET to come visit or plan any time for her to visit him in the summers. (Claiming that he cant take off work). He doesnt call her, send her letters, or much of anything. I do still try to have my daughter contact her dad, but that isnt getting me anywhere. You would surprise yourself what a better impact you can make on a judge if you defend yourself, rather than hirinng an attorney. Just have all your sh-- together, proof of EVERYTHING!! Back child support records (to show how much $$ he puts into raising the child) compared to their actual expenses. How much money would go out for the child's expenses IF you can and do move. (childcare, summer camps, etc) This may be lowered as well. You ccould also have a letter from a family member stating that they will be caring for the child during the summer months. This shows that the child will be bonding more with family members (aunts, cousins, grandparents, etc). Courts always seem to side when a child is with a family member, rather than in a day care atmosphere.

                  Point is, this CAN be done. You just have to PROVE to the judge/court that this is in the best interest of the child and all in good faith-for all parties involved. Good Luck!! Please let me know how this all pans out. (and what county in UT?- just curious)

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