Parental Relocation
Parenting Plans And Relocation
A parenting plan takes a great deal of effort. Ultimately, it affects whether you or your ex can relocate with your children.
To move, the custodial parent must file for a modification to the current custody agreement and obtain permission.
If there isn’t a parenting plan or custody order in play, the custodial parent may be free to move at will. At least as long as there are no violations of Washington’s laws against custodial interference or the Uniform Child Custody Jurisdiction and Enforcement Act.
Parental Relocation Hearings
Like most things regarding kids, there’s a strict process and a procedure to follow, and you have recourse. Moving away without the court’s express permission can result in contempt charges, fines, and even imprisonment.
The most common way to obtain this authorization is through a relocation hearing.
In Washington, the custodial parent must give at least 60 days' notice before the move. Once notice is served, the noncustodial parent has 30 days to file a formal objection.
After that, the court sets a trial to determine whether the move represents the child’s best interests.
How Does The Court Decide on Relocation?
What Does The Court Look At When Making a Decision?
In Washington State, the non-custodial parent bears the primary burden. If the parent with primary custody desires to remove the child from the state, they must demonstrate that keeping the child in the state is in the child’s best interest.
- What motivation or desire prompted the relocation?
- Are there advantages that benefit the child and improve their life?
- Why do you oppose this move?
- What are the logistics and financial impact?
- What disadvantages will the move cause?
- Is it possible to arrange a reasonable visitation schedule that preserves the parental relationship with the non-custodial parent?
- What’s the likelihood that the parent with primary custody will honor the agreement?
- Will a move truly afford the child(ren) an opportunity to form a relationship and bond with extended members of their family?
Do You Have To Go to Court?
Relocation hearings don’t always happen when one parent wants to move away or out of state. If you and your ex can work out the details together, it’s possible to arrange it on your own. It may be complicated, but it is an option.
For an out-of-state move, both parents must consent and sign the appropriate documents. Before relocation occurs, a judge must also sign off on the matter and approve the move.
