Legal Question in Family Law in Washington
relocation of child
i have a 13 year old son, his biological father hasnt been there for him ,except for maybe 3 times a year, he doesnt help with medical benifits , he pays 250 a month for child suport for the last 13 years, .
I got promoted to a higher position in my company and that requiers relocating. now the bio dad steps back in to the pic... I have soul custudy of my 13 year old son what grounds doues he have to stand on?
2 Answers from Attorneys
Re: relocation of child
You have not mentioned whether there is a parenting plan (or residential schedule). The newer versions (less than about 6 years old) include a section on child relocation. If the order is over 7 years old, if there is no express provision in the parenting plan about relocation then the relocation statute is controlling, and you have to give notice, and the other parent has the opportunity to object and have a hearing. The courts generally allow a move by the primary residential parent, several factors are considered and financial reasons are a reason to be considered. The details are in the RCW at: http://apps.leg.wa.gov/RCW/default.aspx?cite=26.09 405-560.
Re: relocation of child
The relocation statute applies whether it is included in your parenting plan or not.
Your freedom to relocate is tempered by his right to object to your choice. If you get it wrong (Fail to provide mandatory notice) the court can switch primary residential parent to the other parent.
His grounds may well be non existent, but bottom line that's the court's call not yours.
Hope this helps. Elizabeth Powell
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