Legal Question in Family Law in Washington
Non Custodial Visitation Issue
I have a 5 yr old daughter who lives w/her mom (custodial parent). They both moved to Oregon 3 yrs ago so mom could go to state university, as a result our parenting plan was changed from standard every other weekend schedule during school to one 3-day weekend per month during school. At the time, I talked w/an attorney who said it's not worth fighting to keep her here, because the courts would be on her side. Now, mom is scheduled to graduate sometime this year. Do I have any control over her moving further away than she is now? Currently she lives about 8 hours away and we drive to exchange our daughter-she is not ready to fly on a plane alone. I'm afraid the motive of moving farther away would be to change the parenting plan once again and give me even less time w/my daughter. Do I have any course of action to ensure she doesn't move farther away?
1 Answer from Attorneys
Re: Non Custodial Visitation Issue
Under the new law in Washington (Chapter 21, Laws of 2000) the custodial parent must give notice of her intent to relocate. If she does not give this proper notice, you may file a motion for contempt. You may also object to the relocation. You have a good argument that any further moves away would make visitation too difficult. You would object by filing a petition for modification of the parenting plan. Would you lose? Depends on the Commissioner and the circumstances. If you guys are getting along, talk to the mother, help her find employment closer to you.