Legal Question in Family Law in Washington

Legal Custody of Child and Leaving the Country

I have legal custody of my daughter and I am leaving to live in another country.I want to take my daughter with me and have discussed the matter with her father with whom she has no real relationship. He agreed to relinquish his rights of her so we could leave. What do I have to do legally to get the ok for the two of us to go? Will I be abandoning my daughter if I leave the country first and leave her here with my parents and then have them bring her down to me? What steps should I take before my trip in June?


Asked on 1/18/02, 4:10 pm

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

Re: Legal Custody of Child and Leaving the Country

First, you have a constitutional right to travel. The Littlefield case clarified that several years ago. The legislature then passed statutes dealing with the matter.

Relocation requirements are laid out at RCW 26.09.405 to about .560 Go to http://search.leg.wa.gov/wslrcw/RCW%20%2026%20%20TITLE/RCW%20%2026%20.%2009%20%20CHAPTER/RCW%20%2026%20.%2009%20%20chapter.htm.

I doubt that, if you follow the statutes, there would be any problem with leaving her with your folks for a while, but I would let him know your plan so there is no surprise, and get his written agreement. If you need to go to court, better to have all the issues out on the table.

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Answered on 1/18/02, 9:39 pm


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