After a divorce, parents receive their custody and visitation orders with mixed emotions. Most of the time, one parent has physical custody while both have legal custody. This is true even if the kids spend only one more night with one spouse than the other. In most cases, this arrangement works out for the families involved.
But what happens if one parent decides to move across town, or even across the country? Suppose one parent gets their dream job and wants to take the kids to a different state? Does the law permit the custodial parent to move without the other parent’s permission? These are all common questions parents often have after a divorce. A Kent relocation lawyer from Lutz & Associates, P.S. could answer your questions and help ensure your kids and your rights stay in place, or advocate for your right to move.
Can a Custodial Parent Relocate Without the Other Parent’s Permission?
Washington will not allow the custodial parent to move with the children without letting the other parent know, but you can still move. The Washington State Relocation Act under the Revised Code of Washington § 26.09.430 requires a parent with at least 45% of the child’s parenting time to give the other parent 60 days’ written notice if they plan to move outside the child’s current school district.
Since most custody plans give parents close to a 50/50 arrangement, this means either parent must give the other notice if they plan to move. If you plan to move within the child’s district, your current plan gives you less than 45% of the custody time, or you have no written order, you may move, but you may run afoul of other laws. A compassionate relocation lawyer in Kent could explain what to do in these situations.
What Can You Do to Prevent Your Co-Parent From Moving?
If you receive a notice from your co-parent that they intend to move, you have 30 days to file a response with your objections. The judge cannot prevent the adult from going wherever they like, but they can stop the children from moving by altering the current custody agreement to keep the children in their present school district.
You should speak with a Kent family attorney for help immediately upon receiving a relocation notice. We could ensure your objection includes the reasons you believe a move to the new location would not be in your children’s best interests. At Lutz & Associates, P.S., our legal team explains what a judge will look for, such as the impact of the move on the child’s life, the effects of changing schools, or the lack of special programs the child may need in the new location. We could appear with you at any hearings or trials, help you make strategic choices to protect your rights, and minimize conflict between you and your co-parent.
Contact a Kent Lawyer For Legal Advice About Relocation
Divorces with children are difficult. When one parent wants to move the children out of the area, it is even harder. At Lutz & Associates, we want to help you resolve your dilemma with minimal stress for everyone involved.
Our legal team will review your case and explain the laws involved with relocating your children away from their home. Over our nearly 30 years of experience, many of our clients have dealt with the same issues, and we have helped them find a solution that satisfied both parties. When you need help with your custody agreement, we are here for you. Call (206) 518-9699 or reach us online to get started.
