The Legislature in Washington State has passed laws on parental relocation of children. There are very specific guidelines on giving notice of relocation, and rules on how the courts decide if the relocation request should be granted. The non-residential parent often wants to add a stipulation to the parenting plan, which restricts the other parent’s ability to move with the children. Below is an explanation of Washington State’s laws on parental relocation.
Starting The Relocation Process
Normally, the residential parent must offer 60 days’ notice to the other parent when planning to move the child to a different school district. However, if the move is a sudden requirement, the custodial parent must give a minimum of five days’ notice.
A Proper Objection To A Relocation Notice
Parents are required by law to file an objection to the relocation within thirty days. However, the sooner the parent’s Attorney in Tacoma WA objects, the better, as the child and the other parent may become committed to the move if the noncustodial parent waits to object.
Exceptions To The Rules
Emergencies are a valid basis for avoidance of many of the relocation laws’ requirements. Furthermore, Washington State’s laws allow for a 21-day delay if the relocating parent is in a domestic violence shelter, or is moving to avoid a serious risk to their safety and health. However, the state’s due process requirements stipulate that a hearing must eventually be held.
General Rules
Depending on the case’s facts, Tacoma courts may or may not grant a parent’s request to move during the objection phase. In most cases, relocation requests can be just as complex as divorces; temporary orders can be obtained with the help of an Attorney in Tacoma WA, and an emergency or ex parte order may be granted.
In many aspects, the Washington State relocation act is very rigid. There are multiple deadlines to meet, but procedures are much the same as in any dissolution or modification case. A parent who wishes to relocate a child, or one who wants to prevent such a move, should consider the implications of the divorce order and of Washington State’s family laws.
