Legal Question in Family Law in Washington

Re: Custodial parent moving

I agree with Mr. Steuart as custodial continuity is a major factor, and you suggest that the mother's time is all ready restricted.

Be sure to give all notices necessary and timely and if she objects, get a lawyer. Hope this helps - Elizabeth Powell

Re: Custodial parent moving

Yes. However, based on the facts you present, my expectation would be that your husband would prevail. Perhaps the lawyer you consulted knows more facts than you have stated.

You can look at the law yourself in RCW 26.09.405 through .560 found at http://apps.leg.wa.gov/RCW/default.aspx?cite=26.09 . You will find most of what you need to know there and in the terms of the existing parenting plan.

The key is giving proper notice, so the sooner you give notice, the better; but make sure you follow the statute carefully if you don't hire an attorney.

Re: Custodial parent moving

The relocation rule is not about parents moving, it is about relocating the child. To move the child out of the child's current school district the parent with whom the child resides most of the time must provide notice to the other parent. If the other parent does not object within the time allowed the child may be relocated. Even if the other parent objects and there is a hearing, the court typically is going to allow the parent with whom the child resides to relocate the child, but may make adjustments to the parenting plan that facilitate maintaining contact with the other parent. Relocating the child without prior notice to the other parent would typically be contempt. There are some exceptions to the prior notice requirement, but you would be well served to consult with an attorney before relying on the exceptions.