Utah Code 30-3-37: Relocation Notice, Parent-Time, and Travel Costs

Utah Code 30-3-37 was the state’s custody relocation statute, requiring a parent under a custody order to give 60 days’ written notice before moving 150 miles or more from the other parent. As of September 1, 2024, the substance of that section was recodified at Utah Code 81-9-209, and a shorter, newer version of 30-3-37 now covers only what the notice itself must contain. If your decree, a legal brief, or an older article points you to 30-3-37, the full framework you are looking for now sits at 81-9-209.¹

Where the Law Lives Now

Utah reorganized its domestic relations code in 2024, moving family law provisions out of Title 30 and into a new Title 81. The relocation rules formerly at 30-3-37 carried over largely intact to 81-9-209, though subsection numbers changed. Court orders and research written before September 2024 still cite the old number; the current law is the same in substance but found under the new one.¹

A separate, narrower section still occupies the 30-3-37 slot. It sets out what information a relocation notice must contain, which is covered below.² The hearings, best-interest analysis, default parent-time schedule, and travel-cost rules are all in 81-9-209.

What Counts as a Relocation

Under 81-9-209(1), a relocation means moving 150 miles or more from the other parent’s residence. The measurement runs house to house, not state line to state line. Salt Lake City to St. George, roughly 300 miles, triggers the statute even though both ends are inside Utah. Logan to Boise, about 230 miles, also triggers it, despite crossing into Idaho. A shorter move, say Provo to Ogden, does not. Below the 150-mile mark, this statute does not govern and other parent-time rules apply.¹

The 60-Day Notice and What It Must Say

If you are planning a qualifying move, you must give the other parent written notice at least 60 days before you intend to go. The notice has to affirm two things: that the statutory parent-time schedule (or whatever schedule the two of you have agreed to) will be followed, and that neither parent will interfere with the other’s court-ordered time with the child.¹

The current 30-3-37 fills in what the notice itself has to contain: the intended date of the move, the city and state of the new residence, the specific address if you know it, and the reason for the move.² A vague heads-up by text does not meet the requirement. Put it in writing, include every item above, and keep proof you sent it.

Skipping the notice puts you in contempt of court under 81-9-209(19). Contempt can mean fines, an order to pay the other parent’s attorney fees, or other sanctions a judge thinks fit.¹

When the Court Gets Involved

Either parent can file a motion asking the court to hold a hearing on the relocation, and the court can set one on its own. At the hearing, the judge looks at the notice, considers the appropriate parent-time schedule given the distance, and enters orders about both the schedule and transportation costs.¹

The question the judge has to answer is whether the move serves the child’s best interest. The statute does not hand the court a checklist. Under 81-9-209(5), judges have broad discretion to weigh “any other factors that the court considers relevant.” In practice that tends to include the reason for the move, each parent’s relationship with the child, the child’s ties to school and community, and how workable ongoing contact with the other parent will be after the move.¹

The statute is neutral. It does not presume the custodial parent’s move is reasonable, and it does not presume the opposite. The judge weighs the evidence and decides. If the court finds the move is not in the child’s best interest and the custodial parent goes ahead with it anyway, 81-9-209(6) lets the court change custody. That is the most serious consequence in the statute, and it is used.¹

One narrow exception: when a parent is relocating because of domestic or family violence by the other parent, 81-9-209(8) requires the court to make specific findings and orders about how the statute applies, rather than running the standard best-interest balancing in the usual way.¹

The Default Parent-Time Schedule After a Move

Every-other-weekend arrangements fall apart over 150 miles. For children between five and eighteen, 81-9-209(9) provides a statutory minimum built around school breaks rather than weekends.¹

Holidays alternate by year. In odd-numbered years, the child spends Thanksgiving (Wednesday through Sunday) and spring break with the noncustodial parent. In even-numbered years, the child spends the entire winter school break and fall school break with the noncustodial parent.

In addition, the noncustodial parent gets half the summer, or half the off-track time if the child is on a year-round calendar, taken in consecutive weeks. The child has to be back in the custodial home at least seven days before school resumes, but that final week still counts as part of the noncustodial parent’s summer share. The noncustodial parent also has the option of one weekend per month during the school year, paid for by that parent.¹

This is a floor. Parents can agree to more, and courts can order more. For a child under five, there is no fixed default. Under 81-9-209(11), the court sets a schedule that accounts for the child’s age and developmental needs, the distance between homes, travel logistics and cost, and the noncustodial parent’s existing bond with the child. A toddler with a strong attachment to the noncustodial parent may end up with shorter, more frequent visits; an older preschooler may get something closer to the school-age schedule.¹

Who Pays for Travel

When the court approves a relocation, it also decides how to split the child’s travel costs. Under 81-9-209(7), the judge weighs the reason for the move, the added difficulty and expense for each parent, each parent’s financial resources, and anything else relevant.¹

If the judge does not enter a custom order, the default rule in 81-9-209(16) controls. The relocating parent pays all of the child’s travel costs for the holiday visits (the odd-year and even-year breaks) and half of the travel costs for summer parent-time. One flip: if the noncustodial parent has been held in contempt for falling behind on support, that parent covers all travel expenses unless the court orders otherwise. Whichever parent owes reimbursement has to pay within 30 days of receiving documented expenses. The optional monthly school-year weekend visits are explicitly at the noncustodial parent’s own expense.¹

What Happens If You Move Without Following the Process

Two consequences stack up for a parent who ignores the statute. Fail to give the 60-day written notice and you are in contempt of court. Move after a judge has already found the relocation is not in the child’s best interest, and the court can change custody entirely under 81-9-209(6).¹

If you have a custody order and you are thinking about a move of 150 miles or more, the notice and the hearing process are not optional paperwork. Treating them that way is one of the fastest routes to losing primary custody in Utah family court.

1
Utah Legislature. Utah Code 81-9-209 – Notice of Relocation — Effect of Relocation on Parent-Time Schedule
2
Utah Legislature. Utah Code 30-3-37 – Notice of Relocation