Legal Question in Family Law in Washington
Custodial Parent Moving Out of State
I am dating a woman who lives out of state. We plan on getting married but are concerned that the courts will not allow her to move to the state in which I reside. Can the court deny her permission to move? Would I have to give up a very good job in order to be with my wife?
1 Answer from Attorneys
Re: Custodial Parent Moving Out of State
You don't specify what state you are moving from or to. That would be useful information. Although most, if not all States have enacted a version of the Uniform Child Custody Jurisdiction Act and the included provisions on child relocation, the method of implementation varies from State to State. Generally, the primary residential parent (Washington legal language for custodial parent) has to provide specific notice following specific rules prior to relocation and the non-primary residential parent then may object and request a hearing. If no hearing is requested the primary residential parent may move with the child. If the non-primary residential parent does object, the court will determine what is in the best interest of the child. The court will not prevent the primary residential parent from moving, but may if the relocation of the child is not determined to be in the best interest of the child change the designation of the primary residential parent. See the following url for a short discussion on child relocation under WA law: http://www.steuartlaw.com/Child_Relocation_Under_Parenting Plans.pdf