What happens if I have joint custody and take my children out of state?

It depends upon what your decree of divorce states. If your decree of divorce is silent on the subject of what happens in the event one of the joint custodial parents wishes to relocate out of state, then the provisions of Utah Code Section 30-3-37govern.

Read the order. It may have a residence restriction and, if so, you need to have permission of the court to move the kids. If there is no restriction, the order probably still contains a requirement that you give advance notice of the intent to move.

All you can do is try. You will have to establish that there has been a material and substantial change in circumstances that would require a change in custody. If he is presently under a court order to pay child support, you should file a motion for contempt as soon as he misses a payment. If the order requires him to pay medical expenses and he does not, you should bring a motion for contempt. As far as moving the children out of the state, it probably will not be allowed unless he agrees. In order to move out of state, you will have to prove that it is in the best interests of your children, not yours, to move.

I'm assuming you and your husband have a co-domicillary agreement where you are each supposed to have the child 50% of the time. if he's not doing right by your child take him to Court to change the agreement. The Court's first concern should be the best interest of the child. If he can't handle the responsibility the Court should put the child more with someone who can. You would be stating that there has been a change in circumstances and it's in the children's best interest that the previous agreement be changed.

Sounds like you have a case. His actions, and your desired move, are major issues to be resolved.

Yes. However, his failure to pay child support is immaterial to custody matters. The court will not consider his failure to pay in modifying custody.