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Long-Distance Parenting Plans in Utah: The Complete 2026 Guide

By Antonio G. Jimenez, Esq.Utah16 min read

At a Glance

Residency requirement:
To file for divorce in Utah, either you or your spouse must have been a resident of the state and of the specific county where you plan to file for at least 90 days (three months) immediately before filing, per Utah Code § 81-4-402(1). Members of the U.S. armed forces stationed in Utah for three months may also file. If neither spouse meets these requirements, both spouses may consent to Utah court jurisdiction.
Filing fee:
$350–$350

As of August 2026. Reviewed every 3 months. Verify with your local clerk's office.

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A long-distance parenting plan in Utah governs parent-time when one parent lives 150 or more miles away, which triggers the relocation statute at Utah Code § 81-9-209. Utah law requires 60 days' written notice, guarantees the distant parent one weekend per month, half of the summer, alternating holidays, and virtual parent-time, with courts allocating travel costs between both parents.

Key Facts: Utah Divorce and Custody at a Glance

FactUtah Rule (2026)
Filing Fee$325 to file a divorce petition in district court (as of March 2026 — verify with your local clerk)
Waiting Period30-day mandatory wait before finalization under Utah Code § 81-4-402
Residency Requirement90 days (3 months) in Utah and the filing county under Utah Code § 81-4-401
GroundsNo-fault (irreconcilable differences) plus fault grounds
Property Division TypeEquitable distribution (fair, not automatically 50/50)
Relocation TriggerMoving 150+ miles from the other parent under Utah Code § 81-9-209
Relocation Notice60 days advance written notice to the other parent

What Is a Long-Distance Parenting Plan in Utah?

A long-distance parenting plan Utah families use is a court-approved schedule for custody and parent-time when the two parents live far apart — specifically when one parent lives 150 miles or more from the other, the statutory threshold in Utah Code § 81-9-209. It replaces the standard alternating-weekend schedule with a distance-adjusted structure built around monthly weekends, extended summers, and virtual visitation.

When parents live in the same city, Utah courts typically apply the standard parent-time schedule, which gives the noncustodial parent one weekday evening and alternating weekends — roughly 25 to 30 percent of overnights per year. That schedule collapses once a parent moves out of state or across the region, because a weekly evening visit and every-other-weekend exchange are physically impossible across 400 miles. Utah's answer is a separate statutory framework designed for remote parenting: it concentrates fewer, longer blocks of in-person time and layers on technology-based contact. The goal, repeated throughout Title 81, Chapter 9, is preserving a meaningful relationship between the child and the out of state parent despite the geography. Every long-distance parenting plan must still be reduced to writing and approved by the district court to be enforceable.

When Does Utah's Relocation Statute Apply?

Utah's relocation statute applies whenever a parent subject to a custody order intends to move 150 miles or more from the other parent's residence, under Utah Code § 81-9-209 (formerly Utah Code § 30-3-37). The relocating parent must give the other parent 60 days' advance written notice before the move, and that notice must affirm that the statutory parent-time schedule — or a schedule both parties agree to — will be followed.

The 150-mile figure is a bright-line rule. A move of 149 miles does not legally trigger the relocation framework, while a move of 150 miles or more does, regardless of whether it crosses a state line. A parent relocating from Salt Lake City to St. George (about 300 miles) triggers the statute; a parent moving from Provo to Ogden (about 60 miles) generally does not. The 60-day written notice is mandatory and should describe the intended new residence and the proposed long-distance schedule. After receiving notice, either parent — or the court on its own motion — may request a hearing so the judge can review the relocation and enter appropriate orders on parent-time and travel costs. Utah courts do not automatically block a move; instead, the judge evaluates whether the relocation serves the child's best interest and then shapes a workable schedule around it.

The Statutory Long-Distance Parent-Time Schedule

Under Utah Code § 81-9-209, once a parent relocates 150+ miles away, the noncustodial parent is entitled to a minimum long-distance schedule that includes one weekend per month, one-half of the child's summer or off-track break in consecutive weeks, and alternating major holidays. This statutory floor replaces the standard in-town schedule and is the default a Utah court will apply absent a superior agreement.

The monthly weekend is typically exercised on the last weekend of each month unless the parents agree otherwise, and the relocating parent must cooperate to make that weekend available. For summer, the distant parent receives roughly 50 percent of the extended break — a large, consecutive block that compensates for the lost weekly and biweekly contact during the school year. Holidays rotate: for example, the noncustodial parent may receive Thanksgiving in odd-numbered years and the winter school break in even-numbered years, with the pattern reversing so neither parent monopolizes the same holiday every year. The statute also directs courts to consider awarding the distant parent additional summer time when finances and distance make school-year visits impractical. The table below contrasts the two frameworks.

Schedule ElementStandard Utah Parent-TimeLong-Distance (150+ miles)
WeekendsAlternating (every other)One weekend per month
Weekday visitsOne weekday eveningReplaced by virtual parent-time
Summer2–4 weeks extended timeApproximately one-half of the break
HolidaysAlternatingAlternating (odd/even years)
Overnights per year~110–130 (25–30%)Concentrated in fewer, longer blocks

Because these are statutory minimums, parents are free to build a more generous long-distance parenting plan Utah judges will readily approve, so long as it protects the child's relationship with both parents. Learn more about child custody arrangements and how they interact with parent-time.

Virtual Parent-Time and FaceTime Custody in Utah

Utah statute expressly recognizes virtual parent-time — sometimes called virtual visitation or FaceTime custody — as a supplement to in-person contact for long-distance parents. Utah Code § 81-9-209 defines virtual parent-time as contact facilitated by telephone, email, instant messaging, video conferencing, and other internet or wireless technologies, used to supplement (never replace) physical visits between the child and the out of state parent.

Because a monthly weekend leaves large gaps between in-person visits, virtual visitation is the connective tissue of most successful remote parenting arrangements. A well-drafted plan sets concrete, enforceable terms rather than vague promises: for example, three scheduled video calls per week at fixed times, the custodial parent's duty to ensure the child is available and the device charged, and a rule that neither parent monitors or interrupts the other's calls. Courts treat unreasonable interference with virtual parent-time the same way they treat interference with in-person parent-time — as a violation of a court order that can support a contempt motion or a change of custody. Practical FaceTime custody provisions also address time zones, homework and bedtime windows, and age-appropriate frequency, since a toddler tolerates short daily check-ins while a teenager may prefer fewer, longer calls. Utah judges view a parent's willingness to facilitate the child's technology contact as evidence of good faith co-parenting under the best-interest analysis.

Who Pays for Travel in a Long-Distance Parenting Plan?

Utah courts allocate parent-time transportation costs between both parents when a relocation occurs, rather than defaulting the entire burden onto one side. Under Utah Code § 81-9-209, if the judge finds the relocation is in the child's best interest, the court both sets the parent-time schedule and divides the travel costs, weighing the reason for the move, the added expense to each parent, and each parent's economic resources.

There is no fixed percentage in the statute; instead, the court fashions a fair division based on the specific facts. A common approach is to shift a larger share of transportation costs to the parent whose voluntary move created the distance, but that is not automatic — a judge may split airfare, mileage, and unaccompanied-minor fees 50/50, or in proportion to each parent's income, or require the relocating parent to bear the majority when the move was for the relocating parent's convenience rather than necessity. Costs the court may address include airline tickets, airline unaccompanied-minor service fees (often $100 to $150 each way per airline), gas and mileage for long drives, and lodging when an exchange requires an overnight. Because travel expense is one of the most litigated issues in long-distance cases, the smartest plans specify exactly how each trip is booked and paid for, who accompanies a young child, and how the parents share receipts. To estimate the broader financial picture, including child support that runs alongside travel costs, use our child support calculator.

How Utah Courts Decide Long-Distance Custody

Utah courts decide every long-distance custody and relocation question using the best interest of the child standard, the controlling test throughout Title 81, Chapter 9. Under Utah Code § 81-9-204, judges weigh statutory factors including each parent's past caretaking, the child's bond with each parent, each parent's willingness to support the child's relationship with the other, and the practical effect of physical distance on decision-making and parent-time.

Utah begins from a rebuttable presumption that joint legal custody serves the child's best interest, but that presumption can be overcome by evidence of domestic violence, neglect, physical or emotional abuse, special needs that make joint decision-making unreasonable, or — importantly for relocation cases — physical distance between the residences that makes joint decision-making impractical. In a relocation hearing, the judge does not simply ask whether the move is good for the relocating parent; the question is whether relocation is in the best interest of the child. If the court decides the move is not in the child's best interest and the custodial parent relocates anyway, Utah Code § 81-9-209 authorizes the court to order a change of custody. Understanding the best interests of the child standard is essential, because it drives both whether a move is approved and how the resulting long-distance schedule is shaped. Judges give particular weight to which parent is more likely to foster ongoing contact across the distance.

Building a Strong Long-Distance Parenting Plan

A strong long-distance parenting plan Utah courts will approve goes well beyond the statutory minimum, spelling out logistics with enough specificity that the parents rarely need to return to court. The plan should convert the general rights in Utah Code § 81-9-209 — the monthly weekend, half of summer, alternating holidays, and virtual parent-time — into concrete dates, times, exchange locations, and payment responsibilities.

Start with the in-person schedule: identify which weekend each month (for instance, the last full weekend), the exact start and end of the summer block, and a holiday rotation chart covering Thanksgiving, winter break, spring break, and the child's birthday. Next, lock down travel: name the departure and arrival airports or the highway meeting point, state who books and pays for each trip, set an age at which the child may fly as an unaccompanied minor, and require booking a set number of days in advance. Then detail virtual visitation: the platform, the number of weekly calls, the times, and each parent's duty to make the child reasonably available. Add communication rules for school records, medical decisions, and emergencies, since distance makes information-sharing harder. Finally, build in a dispute-resolution step — mediation before litigation — and a review provision for when the child changes schools or ages into a new stage. Parents who want a structured, personalized starting point can generate a personalized divorce roadmap that walks through these decisions step by step.

Filing, Fees, and Residency Requirements in Utah

To file for divorce in Utah, at least one spouse must have lived in Utah and the filing county for 90 days (3 months) immediately before filing, and the base filing fee is $325 in district court. These requirements come from Utah Code § 81-4-401 for residency, with a separate 30-day waiting period before finalization under Utah Code § 81-4-402.

The 90-day residency must be continuous physical presence, not merely a mailing address, and must be established in the specific county where the case is filed. The $325 filing fee is paid to the district court clerk when the petition is filed; as of March 2026, that is the standard statewide amount, but you should verify with your local clerk because court fees are adjusted periodically. Utah offers a fee waiver for filers whose income falls at or below 150 percent of the federal poverty level or who receive means-tested public benefits, so cost alone should not prevent a parent from filing. The 30-day waiting period runs from filing and can be shortened only on a showing of extraordinary circumstances. Divorces involving a long-distance parenting plan follow the same procedural track as any Utah divorce, but the custody and relocation provisions add a layer of documentation — including the required 60-day relocation notice when a move is planned. Utah divides marital assets under the equitable distribution standard, meaning property is divided fairly rather than in a strict 50/50 split, which can interact with who can afford relocation and travel costs. If your situation is contested or complex, it is worth deciding early whether to find a divorce attorney in your area.

Modifying an Existing Order for a Move

When a parent under an existing Utah custody order plans to move 150 miles or more, the correct step is to serve the 60-day written relocation notice required by Utah Code § 81-9-209, not to move first and litigate later. Either parent may then ask the court to review the relocation and modify the parent-time schedule and travel-cost allocation to fit the new distance.

A relocation notice is distinct from a general petition to modify custody. The relocation statute has its own notice-and-hearing procedure, and the court's review focuses on whether the move serves the child's best interest and what long-distance schedule should replace the current one. If the parents agree on a revised plan, they can submit a stipulated modification for the judge to approve, which is faster and cheaper than a contested hearing. If they disagree, the relocating parent bears the practical burden of showing the move and the proposed schedule protect the child's relationship with the noncustodial parent. Moving without notice — or in violation of a court order — is risky: a Utah judge can order the child returned, reallocate parent-time, shift more travel costs to the moving parent, or in serious cases change custody. Existing decrees entered before the September 1, 2024 recodification into Title 81 remain valid, but any modification filed now is governed by the current Title 81, Chapter 9 framework. Parents facing a contested move should not rely on informal agreements; get the revised long-distance parenting plan approved and entered as a court order so it is enforceable.

Frequently Asked Questions

What distance triggers a long-distance parenting plan in Utah?

A move of 150 miles or more from the other parent's residence triggers Utah's relocation statute, Utah Code § 81-9-209. At that distance, the relocating parent must give 60 days' written notice, and the court applies the statutory long-distance schedule of one weekend per month, half of summer, and alternating holidays. Moves under 150 miles do not trigger the statute.

How much notice must I give before relocating with my child in Utah?

Utah law requires 60 days' advance written notice to the other parent before relocating 150 miles or more, under Utah Code § 81-9-209. The notice must affirm you will follow the statutory long-distance parent-time schedule or a schedule both parties approve. Failing to give proper notice can lead a court to order the child returned or change custody.

What is the minimum parent-time for an out of state parent in Utah?

Under Utah Code § 81-9-209, the noncustodial out of state parent is entitled to at least one weekend per month, approximately one-half of the child's summer or off-track break in consecutive weeks, and alternating major holidays such as Thanksgiving and winter break. Virtual parent-time supplements this in-person schedule, and parents may agree to more generous terms.

Does Utah recognize virtual visitation or FaceTime custody?

Yes. Utah statute expressly defines and authorizes virtual parent-time — video conferencing, phone, email, and messaging — as a supplement to in-person visits under Utah Code § 81-9-209. A strong long-distance plan sets specific terms, such as three scheduled video calls per week at fixed times, and courts treat interference with FaceTime custody like interference with any court-ordered parent-time.

Who pays for travel in a Utah long-distance parenting plan?

Utah courts divide parent-time transportation costs between both parents based on the reason for the move, the added expense, and each parent's income, under Utah Code § 81-9-209. There is no fixed percentage. Judges often shift more cost to the parent whose voluntary move created the distance, but may split airfare, mileage, and unaccompanied-minor fees proportionally.

Can a Utah court stop my ex from moving away with our child?

Utah courts do not automatically block relocation, but under Utah Code § 81-9-209 a judge evaluates whether the move serves the child's best interest. If the court finds relocation is not in the child's best interest and the custodial parent moves anyway, the court may order a change of custody. The relocating parent should always follow the 60-day notice procedure.

How does Utah decide the best interest of the child in relocation cases?

Utah applies the best-interest factors in Utah Code § 81-9-204, including each parent's caretaking history, the child's bond with each parent, and each parent's willingness to support the child's relationship with the other. In relocation cases, judges give special weight to which parent is more likely to foster meaningful long-distance contact across the miles.

What is the filing fee and residency requirement for divorce in Utah?

The divorce filing fee in Utah is $325 in district court as of March 2026 — verify with your local clerk, as fees change. At least one spouse must have lived in Utah and the filing county for 90 days (3 months) before filing under Utah Code § 81-4-401. A 30-day waiting period applies before finalization, and fee waivers exist for low-income filers.

Do old Utah custody orders under Title 30 still apply after the 2024 recodification?

Yes. Utah recodified its domestic relations statutes from Title 30 into Title 81 effective September 1, 2024, so the relocation law formerly at Utah Code § 30-3-37 is now Utah Code § 81-9-209. Existing decrees remain valid, but any modification or new relocation filed after that date is governed by the current Title 81, Chapter 9 framework.

Can I modify a long-distance parenting plan as my child gets older?

Yes. Utah allows modification of parent-time when circumstances change, such as a child starting school, aging into a teen schedule, or a parent moving again. Parents who agree can file a stipulated modification for court approval; if they disagree, either can petition the court. Building a review provision into the original plan makes future adjustments smoother.

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Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering Utah divorce law

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