Navigating Interstate Child Custody Arrangements: What Utah Parents Need to Know

Understanding Jurisdiction: Who Has Authority?

The first question in any interstate custody case is: which state’s court has the right to make decisions? This is determined under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)—a law adopted by Utah and every other state except Massachusetts.

Under the UCCJEA, a Utah court generally has jurisdiction if:

• Utah is the child’s home state (where the child has lived for at least six consecutive months), or
• Utah was the home state within the past six months and one parent still lives here

If another state qualifies as the home state, that state may have primary jurisdiction—unless special circumstances apply.

Can You Move a Child Out of Utah?

If you already have a custody order in Utah, you can’t relocate a child out of state without court approval if the move would interfere with the other parent’s time-sharing. Utah courts consider several factors when deciding whether to allow a relocation, including:

• The reason for the move
• The impact on the child’s relationship with the other parent
• The child’s best interests
• Proposed visitation or parenting plans after the move

Relocation cases often lead to modified custody arrangements, long-distance parenting plans, and new travel arrangements.

What If a Parent Violates an Out-of-State Custody Order?

Thanks to the UCCJEA, custody orders from another state can generally be enforced in Utah, and vice versa. If a parent wrongfully removes or withholds a child, the left-behind parent may be able to:

• Register the out-of-state order in Utah
• Ask the Utah court to enforce or modify the order
• Request emergency jurisdiction if the child is at risk

Enforcement actions may involve court hearings, law enforcement, or even contempt proceedings.

Building an Interstate Parenting Plan

When parents live in different states, custody agreements must be highly specific. A well-drafted interstate parenting plan might include:

• Clear travel arrangements and costs
• Scheduled holiday and summer visitations
• Virtual visitation provisions (video calls, etc.)
• Protocols for exchanging school or medical information
• Communication expectations between parents

At Daniel W. McKay & Associates, PLLC, we help parents draft practical, enforceable plans that prioritize the child’s stability and emotional well-being.

How We Can Help

Whether you’re seeking to relocate, enforce a custody order, or resolve a dispute across state lines, we provide:

• Clear guidance on Utah and interstate custody law
• Representation in court and mediation
• Assistance registering or modifying out-of-state orders
• Support in emergency or enforcement situations

We understand that your child’s future is the most important issue you’ll ever face—and we’re here to help you protect it.