Relocation

Child Custody Attorney Helping Seattle Residents

After a divorce has been finalized, and a child custody arrangement has been determined, a parent may get a job elsewhere or simply want a change of scenery. If the parent with most of the residential or custodial time with the child wants to move, he or she may need to give notice to the other parent. Often, a parent with visitation opposes the relocation with the assistance of a family law attorney. The law provides a mechanism by which a parent (or another party with standing, such as a grandparent with visitation) who opposes the relocation may object. In some cases, a parenting plan was put in place during the divorce that sets forth certain requirements related to notice to the other parent. Relocation may require the modification of a parenting plan. Seattle child custody lawyer Sara Kim can assist a parent who is seeking to relocate with a child or someone who is resisting the proposed relocation.

Proposing and Objecting to Relocation

When there is no existing court order for custody and visitation, a custodial parent is free to move without adhering to the relocation law. However, the custodial parent must be on guard against violating the state’s laws against custodial interference, as well as the Uniform Child Custody Jurisdiction and Enforcement Act, which every state uses to determine which courts have jurisdiction when child custody is disputed in more than one location. Even if there is no court order in place, it is a wise idea to consult a lawyer and provide notice to the non-custodial parent to avoid running afoul of kidnapping laws.

When a court order divides child custody and visitation between two or more parties, notice of relocation will be required. Although notice is required, as long as a custodial parent only wants to move to a new home that stays inside the children’s school district, the non-custodial parent cannot object to the move. Notice in that case is supposed to include the new address, the new phone number, and contact information for a new daycare, preschool, or school.

However, when a custodial parent wants to move outside the current school district, and the state’s relocation law is controlling, written notice must be provided to the other parent or anyone with residential time or visitation at least 60 days before the move under RCW 26.09.430. There are some exceptions, such as for domestic violence. When proper notice is not provided but was required, sanctions can be imposed.