81-9-209. Notice of relocation -- Effect of relocation on parent-time schedule.

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Effective 5/6/2026

(1)As used in this section, "relocation" means moving 150 miles or more from the residence of the other parent.

(2)The relocating parent shall provide written notice to the other parent at least 60 days before the day on which the relocating parent intends to relocate.

(3)The written notice of relocation described in Subsection

(2)shall contain statements affirming:

(a)the parent-time provisions in Subsection

(9)or a parent-time schedule approved by both parties will be followed; and

(b)that a parent will not interfere with the other's parental rights pursuant to court ordered parent-time arrangements or the parent-time schedule approved by both parties.

(4)Upon a motion of any party or upon the court's own motion, the court shall schedule a hearing with notice to:

(a)review the notice of relocation and the relevant parent-time schedule under Section 81-9-302 or 81-9-304 ; and

(b)make appropriate orders regarding the parent-time schedule and costs for parent-time transportation.

(5)In a hearing to review the notice of relocation, the court shall, in determining if the relocation of a custodial parent is in the best interest of the minor child, consider any other factors that the court considers relevant to the determination.

(6)If the court determines that relocation is not in the best interest of the minor child, and the custodial parent relocates, the court may order a change of custody.

(a)If the court finds that the relocation is in the best interest of the minor child, the court shall determine the parent-time schedule and allocate the transportation costs that will be incurred for the minor child to visit the noncustodial parent.

(b)In making a determination under Subsection (7)(a) , the court shall consider:

(i)the reason for the parent's relocation;

(ii)the additional costs or difficulty to both parents in exercising parent-time;

(iii)the economic resources of both parents; and

(iv)other factors the court considers necessary and relevant.

(8)If a parent relocates because of an act of domestic violence or family violence by the other parent, the court shall make specific findings and orders with regard to the application of this section.

(9)Unless otherwise ordered by the court, and upon the relocation of one of the parties, the following schedule is the minimum parent-time that the noncustodial parent is entitled to a minor child who is five to 18 years old:

(a)in years ending in an odd number, the minor child shall spend the following holidays with the noncustodial parent:

(A)fall break if the minor child's school dismisses for a fall break, beginning on the day that school dismisses for fall break and ending on the day before school resumes; or

(B)Labor Day if the minor child's school does not dismiss for a fall break, beginning on the day that school dismisses for Labor Day and ending on the day before school resumes; and

(ii)the entire winter break period, beginning on the day that school dismisses for the winter break and ending on the day before school resumes;

(b)in years ending in an even number, the minor child shall spend the following holidays with the noncustodial parent:

(A)spring break, beginning on the day that school dismisses for the spring break and ending on the day before school resumes; or

(B)Presidents' Day if the minor child's school does not dismiss for a spring break, beginning on the day that school dismisses for Presidents' Day and ending on the day before school resumes; and

(ii)Thanksgiving, beginning on the day that school dismisses for Thanksgiving and ending on the day before school resumes;

(c)extended parent-time equal to 1/2 of the summer or off-track time for consecutive weeks with:

(i)the noncustodial parent entitled to the first 1/2 of the summer or off-track time in years ending in an odd number; and

(ii)the noncustodial parent entitled to the second 1/2 of the summer or off-track time in years ending in an even number; and

(d)one weekend per month, at the option and expense of the noncustodial parent.

(10)For extended parent-time described in Subsection (9)(c) , the noncustodial parent shall return the minor child to the custodial home no later than seven days before school begins, except that this week is counted when determining the amount of parent-time to be divided between the parents for the summer or off-track period.

(a)Upon relocation of one of the parties, the court may also set a parent-time schedule for a minor child who is younger than five years old.

(b)The schedule described in Subsection (11)(a) shall take into consideration the following:

(i)the age of the minor child;

(ii)the developmental needs of the minor child;

(iii)the distance between the parents' homes;

(iv)the travel arrangements and cost;

(v)the level of attachment between the minor child and the noncustodial parent; and

(vi)any other factors relevant to the best interest of the minor child.

(i)If the noncustodial parent has not designated a specific weekend on which the noncustodial parent will exercise parent-time under Subsection (9)(d) , the noncustodial parent shall receive the last weekend of each month.

(ii)If a holiday assigned to the custodial parent falls on a weekend on which the noncustodial parent normally exercises parent-time under Subsection (9)(d) , the noncustodial parent is entitled to the weekend before the holiday.

(b)If a noncustodial parent's extended parent-time or parent-time over a holiday extends into or through the first weekend of the next month, that weekend is considered the noncustodial parent's monthly weekend entitlement under Subsection (9)(d) for that month.

(c)If a minor child is out of school for teacher development days or snow days after the minor child begins the school year, or other days not included in the list of holidays in Subsection

(9), and those days are contiguous with the noncustodial parent's monthly weekend or holiday parent-time, those days shall be included in the weekend or holiday parent-time.

(a)In addition to the parent-time for which a noncustodial parent is entitled under Subsection

(9), the noncustodial parent is entitled to, at least two times a week:

(i)brief telephone contact with the minor child at reasonable hours and for a reasonable duration; and

(ii)virtual parent-time if the equipment is reasonably available at reasonable hours and for reasonable duration.

(b)If the parties cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably available, taking into consideration:

(i)the best interest of the minor child;

(ii)each parent's ability to handle any additional expenses for virtual parent-time; and

(iii)any other factors the court considers material.

(c)Virtual parent-time supplements, but does not replace, the in-person parent-time described in Subsection

(9).

(14)The custodial parent is entitled to all parent-time not specifically allocated to the noncustodial parent.

(15)In the event finances and distance preclude the exercise of minimum parent-time for the noncustodial parent during the school year, the court should consider awarding more time for the noncustodial parent during the summer time if it is in the best interests of the minor child.

(a)Upon the motion of any party, the court may order uninterrupted parent-time with the noncustodial parent for a minimum of 30 days during extended parent-time, unless the court finds it is not in the best interest of the minor child.

(b)If the court orders uninterrupted parent-time during a period not covered by this section, the court shall specify in the court's order which parent is responsible for the minor child's travel expenses.

(a)Unless otherwise ordered by the court the relocating party shall be responsible for all the minor child's travel expenses relating to Subsections (9)(a) and

(b)and 1/2 of the minor child's travel expenses relating to Subsection (9)(c) , provided the noncustodial parent is current on all support obligations.

(b)If the noncustodial parent has been found in contempt for not being current on all support obligations, the noncustodial parent is responsible for all of the minor child's travel expenses under Subsection

(9), unless the court rules otherwise.

(c)A responsible party shall make a reimbursement to the other for the minor child's travel expenses within 30 days of receipt of documents detailing those expenses.

(18)The court may apply this provision to any preexisting decree of divorce.

(19)Any action under this section may be set for an expedited hearing.

(20)A parent who fails to comply with the notice of relocation in Subsection

(2)is in contempt of the court's order.

Amended by Chapter 155 , 2026 General Session