Legal Question in Family Law in Washington

I am divorced and still residing in WA state. My ex-husband also lives in WA. I want to move back to our home town in OR, he is contesting. Commisioner told me in May at the hearing I was retrained from moving my daughter (he didn't want her changing schools in the middle of the year) and we would revisit the case in August (where it will be overseen by a judge) In the mean time I would like to go to OR and set up a job, housing ect. My daughter will be with her Dad off and on for half the summer for visitation. If I keep a residential address in WA for my daughter is it legal for me to go to OR to set things up before the trial set for August?


Asked on 6/06/11, 12:33 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

It is perfectly legal for you to travel to Oregon to set up whatever you need to. Be aware, that you may not prevail at trial in August. Additionally, I'd add that if you are going without your daughter to Oregon for the proposed trips, that's fine. If you intend to take your daughter during your time with her under the current parenting plan, that's fine too, so long as there are no restrictions on your ability to travel out of state with her.

By the way, it is very common for courts to prevent a change in residence for a child in the middle of the school year, so that decision does not surprise me.

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Answered on 6/06/11, 12:38 pm


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