Legal Question in Family Law in Washington

Re: Travel Costs

WA doesn't do joint custody absent an agreement of the parties. One parent is the primary residential parent and the other is the non primary residential parent.

As she moved away without filing a relocation action, sounds as if your husband is the primary residential parent.

If this is a final order, she can not "try" for primary custody, the divorce is OVER and there is a final parenting plan.

She theoretically could ask the court to modify the plan, but as she moved away, she's created the situation she now wants to change. Courts hate to see kids dragged through litigation hell because their parents change their minds.

If she didn't file a relocation plan, then I am betting that the original parenting plan order did not contemplate flights to Las Vegas. So it is highly doubtful that he would be compelled by a court to pay transportation costs. Perhaps if their incomes are roughly equal he'd pay half of it, or his proportional share.

The longer the children remain with you and your husband, assuming he doesn't have drug or mental health issues the more likely it is that the court will require the children stay in his home.

If you would tell me what county you are in I could recommend some names for you.

Modifications are high stress. Don't hestiate to ask for a referral. This is not self-help law; don't feel bad if you cannot do this yourself.

Elizabeth Powell

Re: Travel Costs

Without having the parenting plan and order of support to review it is always a bit of a guess, he is probably not liable for long distance transportation absent a court order directing him to pay for it. And assuming that your husband was the parent with whom the children spend the majority of the residential time under the parenting plan, she is going to have to show a change of circumstance other than her move. To get a change of primary residence, she would need to show a major change of circumstance (other than things she is responsible for). I think she would be better off trying to change the plan to get her fewer, but longer blocks of residential time. I would always caution that the details of your existing orders are important to how these issues resolve.