The state of Washington has rules on the relocation of the custodial parent moving away with the child. There are a number of considerations. When there is no custody order, the relocation law doesn’t apply. At the same time, the custodial parent cannot violate Washington’s laws against custodial interference. This includes the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This act is effective in every state. Even when there is no existing custody order, it’s wise to provide the non-custodial parent with notice of your relocation plans. It’s also wise to consult an experienced attorney like Sherry Collier.
If there is an existing court custody order, the state’s relocation law applies in full, as long as that order was entered after June 8, 2000. If the custodial parent just wants to move to a new location within the child’s school district, the non-custodial parent cannot object. Still, it’s best to provide notice to the non-custodial parent through certified mail.
Options for the Non-Custodial Parent
If the non-custodial parent doesn’t want the child to move away, he or she has 30 days to file an objection. The objection is a formal statement outlining why the move isn’t in the child’s best interests. The non-custodial parent should file a petition for the court to schedule a hearing. The bottom line here is that the non-custodial parent must begin a formal court action. In the decision, the judge considers a number of factors, including the stability of the child’s relationship with both parents, prior agreements, whether or not the proposed relocation is in good faith, the age and needs of the child and facts regarding visitation limitations.
Life happens and in today’s economy many families are relocating in pursuit of better opportunities. However, relocating a child away from a parent should be pursued only after careful consideration of the statutes that govern the relocation of a child. There are specific rules that govern the relocation of a child away from the other parent. The statutes are designed to provide order to the process of a request to relocate a child and to hopefully ensure the healthy continuity of an existing parent/child relationship if the relocation is allowed. Email attorney Sherry Collier today to schedule your consultation to discuss your intended relocation.