Legal Question in Family Law in Washington
I was awarded full custody of my 14 year old daughter when I lived in California. I have since moved to Washington State and my daughter was having issues, I allowed my daughter to visit her mother in Kentucky for the 4 day weekend and now she has had a meltdown saying she does not want to come home and wants to stay out there. Since she has been having issues in the past I am have decided to allow this extended visitation to happen and she will end up going to school out there to. Is there any legal repercussion that can come of this, or is there any legal filing I would have to do? Both partied are in agreement on this status change.
Thank you!
1 Answer from Attorneys
There are many legal repercussions that can arise from your decision. First, jurisdiction for any future custody battles could shift to Kentucky where your daughter would be living, even if you only intend this to be a temporary move at this time. Since California is where you obtained the custody orders and you no longer live there, and since your ex no longer lives there either, that means jurisdiction is a wide open question between Washington and Kentucky.
Even if you and your ex get along now, if I were you, I would try to establish new custody orders in Washington dealing with the current situation, and to agree to maintain jurisdiction in Washington, even if your daughter moves to Kentucky. Otherwise, if you get into a custody battle down the road, you are going to have to litigate the matter in Kentucky.
As for the second part of your question, while you are not required to file anything with a court about this, you may want to in order to protect your rights as I said above. If your daughter lived primarily with you, a child support order should have been entered awarding you some support based upon your income and her mother's.
If she moves to Kentucky, you are now liable for child support as well. Again, if I were you, I would set support up here along with custody orders, rather than allow your ex to start those proceedings in Kentucky where jurisdiction could easily shift to.