Legal Question in Family Law in Washington

Re: Divorce and moving out of state

Washington will have jurisdiction over the custody issue (actually, parenting plan) under what is called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA, formerly UCCJA), which is chapter 26.27 RCW, at http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=26.27. Jurisdiction will be where the child lives only if he has been there for 6 months. Thus, if you move to TX, WA has jurisdiction unless 6 months passes with no WA court action.

After you get divorced, you can only move with the child if you go through a specific procedure of notice to the other parent. These procedures can be found at http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=26.09, beginning with RCW 26.09.405.

Thus, unless you think you can last the 6 months in TX without his filing a WA case, the best alternative would probably be to file in WA. A WA attorney could advise you on your strategy options.