Child relocation rights in the state of Washington

March 02, 2013

Child relocation rights in the state of Washington

Article provided by Connie L. Powell & Associates, PS
Visit us at http://www.conniepowellandassociates.com

Child relocation laws in Washington generally apply to families with parenting plans. In cases when a custodial party intends to move, this will have legal repercussions for every person entitled to child custody or visitation rights.

Relocation of the custodial parent

If the custodial parent of the child intends to move within the same school district where the child currently resides, he or she must provide actual notice of the relocation to every person entitled to visitation with the child. This includes informing any involved party of the new address, telephone number and daycare provider or school.

However, if the custodial parent relocates to a different school district, that parent must give notice within 60 days of the move. There are exceptions to this 60-day notice requirement (for example, in the case of domestic violence or other emergencies).

Generally, the relocating parent should file notice in the same county where the parenting plan was filed. If this is not possible, the current parenting plan will have to be registered as a foreign order in the new county and assigned a new case number before the matter proceeds.

Failure to give the proper notice is grounds for court sanctions. Such penalties could include ordering the child to be returned to a prior location (including the other parent's home) or ordering payment of the nonmoving party's attorney's fees and costs. Furthermore, a court could find a person in contempt and consequently mandate jail time, fines or some other form of punishment.

Opposing relocation of the custodial parent

If a party or parent opposes the move of a custodial parent with a child, he or she must do so within 30 days of a moving notice. Depending on the facts and course of procedures, a court may grant or deny a parent's wish to relocate during this objection period.

An objection can be made by filing a specific form with the court and serving copies on the custodial parent and all involved parties that retain visitation rights. One could object on the basis of procedure if, for example, the custodial parent failed to give notice of a move. Furthermore, it is important to note that one might not object to the move, itself; however, a person could object to the revised situation and ask to amend a former parenting plan.

If a parent plans to relocate in the state of Washington, this might invoke important legal rights. If you are a custodial parent that intends to move or if you currently object to a parent's relocation plan, you may want to retain the assistance of a qualified family law attorney. A lawyer can help protect your parenting rights.