Legal Question in Family Law in Washington

Requirements for taking children out of state to live after a divorce

In the state of Washington, is there a law pertaining to restrictions on a custodial mother taking children to live in a different state (Missouri) after a divorce? If so, what are they and does this have to be agreed upon by both parties (the father and the mother)?


Asked on 3/30/01, 5:45 pm

1 Answer from Attorneys

Gary Preble Preble Law Firm, P.S.

Re: Requirements for taking children out of state to live after a divorce

1. Yes, after the Littlefield case, a parent has a constitutional right to move with the children in most circumstances.

2. There are statutes that adress the issue under the heading of "NOTICE REQUIREMENTS AND STANDARDS FOR PARENTAL RELOCATION", which can be found on the internet at 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. Start at RCW 26.09.405.

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Answered on 6/04/01, 4:32 pm


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