After divorcing in Washington, a parent may move out of state with the child. However, there is a process the parent must follow in order to avoid any legal issues with the other parent.
Providing Notice
When the primary custodian of the child intends to move, notice of relocation is required to the other parent or person who has court-ordered time with child. The notice must be given 60 days before the date of the intended relocation.[1] There is an exception however, if the parent learns about the move on short notice. The parent then must provide notice in more than 5 days of learning about the move. If a parent moves with the child without notifying the other parent, the relocating parent may be found in contempt and the court may impose sanctions.[2]
Right to Object
The non-relocating parent has the right to object to the relocation. The parent objecting will have 30 days of receiving the notice to file and serve the objection.[3] During the first 30 days, the relocating parent cannot move with the child. If no objection is made after the 30 days, the parent is permitted to move with the child without getting a court order. If an objection is filed after 30 days, the parent is still permitted to move while the final hearing is pending.
Basis for Determination
It’s important to note that when the court is analyzing a relocation, the court is not using[GU1] the commonly recognized standard of “best interest of the child.” Instead, the court is conducting a statutory analysis that takes into account several factors, discussed below.
When a parent with majority time seeks to relocate, it is also critical to understand that this parent will have a statutory presumption that the move is appropriate, unless the non-relocating parent can demonstrate a detrimental effect on the child if the move were to occur. [4]
The factors that the court will look at in determining if a move will be allowed include: [GU2]
- Relative strength, nature, quality, extent of involvement, and stability of the child’s relationship with each parent, siblings, and other significant persons in the child’s life;
- Prior agreements of the parties;
- How detrimental the disruption of contact between the child and each parent would be;
- If either parent’s residential time with the child is subject to limitations under R.C.W. 26.09.191;
- Reasons for seeking or opposing the relocation and the good faith in requesting or opposing the relocation;
- Age, developmental stage, and needs of the child, and any impact the relocation or prevention will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child;
- Quality of life, resources, and opportunities available to the child and relocating party in the current and proposed geographic locations;
- Availability of alternative arrangements to foster and continue the child’s relationship with and access to the nonrelocating parent;
- Alternatives to relocation and feasibility for the other party to also relocate;
- The financial impact and logistics of the relocation or its prevention; and
- For a temporary order, the amount of time before a final decision can be made at trial
When seeking to relocate, it is critical to your case to understand how the relocation process works and how to present your case to the court for the best chance of success. This is a process that you should not undertake alone.
If the parents share custody time substantially equally (50/50), there is a different process when it comes to moving. If you’re in such a situation, it’s important to talk to an attorney to understand what is different about your situation and how it should be approached.
Don’t go at this alone! Reach out to our family law attorneys & experts at Gravis Law They can & will advise you on the best course of action you can take for all parties involved.
Citations
[1] R.C.W. 26.09.440
[2] FL All Family 140
[3] R.C.W. 26.09.490
[4] R.C.W. 26.09.520
Asa LaMusga, Senior Attorney
Dulce Gutierrez
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