Legal Question in Family Law in Washington
Relocating with joint custody children who reside with me.
I have physical custody of my two children and desire to relocate with them to the southern states due to a career progression of my spouse. I am inquiring if my ex who lives in a neighboring state, who pays child support and contacts the kids 4 times a year with summer custody rights, of which he only has them 1-4 weeks so far, can he prevent us from relocating with the children? the degree has physical custody with me, but joint custody with summer schedule his if desired, with trasport cost shared. again, does he have grounds to prevent us from taking the kids to another state if we are still willing to share the expense of transportation when he has them?
1 Answer from Attorneys
Re: Relocating with joint custody children who reside with me.
The answer is that you can do it and he can't stop you. The matter was conclusively decided by the case of Marriage of Littlefield, 133 Wn.2d 39, 940 P.2d 1362 (1997). The case would especially control since the father is out of state.
The only place he might have to complain is the additional cost to him if the transportation increases. But even that is not clearly in his favor.
Gary Preble
Olympia
360-943-6960
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