When a parent with custody wants to move, it can create significant challenges for both the parent who stays behind and the children involved. Washington State has specific laws governing parental relocation to ensure that any move is in the best interest of the child. Whether you’re the parent looking to relocate or the parent concerned about how the move will impact your parenting time, it’s important to understand how relocation affects custody in Washington. In this post, we’ll break down the process and explain what factors the court considers when making decisions about relocation.
What is Considered Relocation in Washington State?
In Washington, parental relocation refers to situations where a parent who has custody or primary residential time with a child seeks to move to a new location that will significantly impact the child’s relationship with the other parent. This typically involves moving to a different city, state, or even country.
Under the Relocation Act, the moving parent must follow specific procedures to ensure the rights of both parents and the best interests of the child are considered.
Relocation Notice Requirement
If you are the custodial parent and intend to move, Washington law requires that you provide formal notice to the other parent at least 60 days before the intended move.
The relocation notice must include:
The proposed new address.
The reasons for the move.
A revised parenting plan or schedule, if applicable.
This gives the non-moving parent time to respond and object to the relocation if they believe it will negatively impact their relationship with the child.
Objecting to the Move
If the non-moving parent objects to the relocation, they must file an objection with the court within 30 days of receiving the notice. At that point, the court will hold a hearing to determine whether the move is in the best interest of the child. The court will consider various factors, including:
The reason for the move (e.g., a new job, family support, or better educational opportunities).
The impact on the child’s relationship with both parents.
The age and developmental needs of the child.
The quality of life improvements for the child in the new location.
It’s important to note that if the non-moving parent does not file an objection within 30 days, the relocation will likely be approved automatically.
How the Court Decides if Relocation is Approved
Washington courts focus on the child’s best interests when deciding whether to approve or deny a relocation request. The judge will weigh several factors, including:
The strength of the child’s relationship with both parents.
How the move will affect the child’s physical, emotional, and educational needs.
The reasons for the relocation.
The feasibility of maintaining the child’s relationship with the non-moving parent through visitation or other means.
The court’s goal is to minimize disruption to the child’s life while ensuring that both parents maintain meaningful relationships with the child.
How We Can Help
Relocation can significantly affect custody arrangements and the relationship between parents and their children. If you’re considering moving or have concerns about your co-parent relocating, it’s crucial to understand the legal requirements and processes in Washington State. By working with a family law attorney, you can ensure your rights are protected and that any relocation is handled in the best interest of your child.
For assistance, call us at 206-703-0764 or contact us online to schedule a consultation.
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