Legal Question in Family Law in Washington

Re: child custody relocation

The Washington Courts have jurisdiction over a child for six months after you leave Washington. I'd encourage you to get documentation in place, before you move, so you don't have to come back here and deal with it after you move. My take is that this is a non-marital relationship, so you will need to establish paternity (that is a process of its own). Assuming establishment of paternity and, his violence and drug use may have an effect on what kind of parenting plan gets put in place, and that may have an effect on relocation of the child. There is a presumption in favor of relocation, and there are eleven factors considered: (1) The relative strength, nature, quality, extent of involvement, and stability of the child's relationship with each parent, siblings, and other significant persons in the child's life; (2) Prior agreements of the parties; (3) Whether disrupting the contact between the child and the person with whom the child resides a majority of the time would be more detrimental to the child than disrupting contact between the child and the person objecting to the relocation; (4) Whether either parent or a person entitled to residential time with the child is subject to limitations under RCW 26.09.191;

(5) The reasons of each person for seeking or opposing the relocation and the good faith of each of the parties in requesting or opposing the relocation; (6) The age, developmental stage, and needs of the child, and the likely impact the relocation or its prevention will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child; (7) The quality of life, resources, and opportunities available to the child and to the relocating party in the current and proposed geographic locations; (8) The availability of alternative arrangements to foster and continue the child's relationship with and access to the other parent; (9) The alternatives to relocation and whether it is feasible and desirable for the other party to relocate also; (10) The financial impact and logistics of the relocation or its prevention; and (11) For a temporary order, the amount of time before a final decision can be made at trial.

Re: child custody relocation

Why would you do that?

You are subject to WA jurisdiction right now and will be until you have been relocated to another state for six months minimum.

If you leave and he finds you he can hale you back into court HERE and if the Court finds you left just to mess with him, they could enter a plan where he has primary residential time, not you.

If he has an anger management/drug problem, why haven't you all ready dealt with this - rather than waiting three years and until you are getting ready to leave?

It is suspect timing, that's all.

It would be wise to stay put until you are court ordered to be the primary residential parent, and when that action is finished, file a relocation action. There is no relocation action without an underlying parenting plan/child support order at bare minimum.

It is likely going to be a pretty good shock to him that you want support (you can't waive future support) and that you are going to get it unless he gets "custody".

Unfortunately, this will encourage him to call you a horrible mother in an effort to be named primary residential parent.

But doing both actions - parentage and relocation - at the same time can open the gates of you-know-where.

Hope this helps. Elizabeth Powell