Legal Question in Family Law in Washington

Re: Child Custody and leaving the state.

Yes. The Littlefield case a few years ago recognized the constitutional right to travel allowed removing a child from the state.

And yes, there is a statute that deals with it, which was passed after Littlefield.

RCW 29.09.405 and following, entitled NOTICE REQUIREMENTS AND STANDARDS FOR PARENTAL RELOCATION, can be found on the web at http://search.leg.wa.gov/wslrcw/RCW%20%2026%20%20TITLE/RCW%20%2026%20.%2009%20%20CHAPTER/RCW%20%2026%20.%2009%20%20chapter.htm

Important update Re: Child Custody and leaving the state.

My previous answer to this question needs to be updated with a case that was just decided March 8, 2001. It is entitled Marriage of Combs and can be found for the next several months at http://www.courts.wa.gov/opinions/opindisp.cfm?docid=188728MAJ. It discusses the Littlefield case mentioned previously. It is binding in Division III (generally eastern Washington) but will probably be followed throughout the state.

Here's a quote from the case: "A plan to relocate a child to another state thus would be directly relevant to a determination of the child's best interests. Here, despite evidence of Ms. Combs' desire to relocate the children to New York, the trial court incorrectly concluded it was not permitted to consider it. The decision thus was based on an untenable reason and was an abuse of discretion. Its orders are reversed on that ground."