Relocating with children after a divorce or custody order requires court approval in Washington. Our attorneys guide you through the legal requirements whether you are seeking or opposing a relocation.
Free ConsultationParents with primary or joint custody must notify the other parent before relocating with a child. Any party with visitation rights, such as grandparents, must also be informed. Understanding the notice requirements, timelines, and objection procedures is critical to protecting your parental rights whether you are the relocating or non-relocating parent.
60 Days' Written Notice Required
According to RCW 26.09.440, custodial parents must provide a notice of relocation to all parties at least 60 days ahead of the expected move. Relocating without providing proper legal notice can result in serious consequences, including contempt of court charges and changes to your parenting plan.
The custodial parent must alert the other parties about the move regardless of how close it is to the existing residence. However, if the child remains in the same school district, non-custodial parties typically cannot dispute the relocation under RCW 26.09.450. They retain the right to request parenting plan modifications under RCW 26.09.260.
Non-custodial parents are not required to provide relocation notice. However, if the move affects scheduled visitation, the parenting plan will require modification.
Under RCW 26.09.500, the non-custodial party who is entitled to visitation must file any objection and provide a response to the petitioner no later than 30 days before the anticipated move date. Objections must demonstrate that the move contradicts the child's best interests, with the burden of explaining why custody changes are necessary.
Time is critical in relocation cases due to strict filing deadlines. Contact the Law Office of Erin Bradley McAleer today for a consultation to discuss your situation.
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