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A parent seeking to move away to a different city or state can impact child custody and visitation schedules.
As a result, child custody move-away cases, also referred to as parental relocation, are often strongly contested.
Working with a Bellevue family law attorney who can help you fight for your case is critical.
Due to the weight of this type of case, it is critical to hire skilled representation to ensure your parental rights are protected. The court will always consider the best interests of the child when deciding a case. Therefore, whether you are a parent wishing to relocate, or seeking to prevent it, a family law attorney will help you prove that you have your child’s best interests in mind.
When there is an existing custody order, the primary parent cannot move away without first giving notice to the other parent. Depending on how far away the primary parent wishes to relocate, Washington law has different requirements for the process. For further questions, read this guide here.
If a primary parent intends to move but will remain within the child’s same school district, the other parent cannot object to the relocation. The primary parent must only give notice to anyone with visitation rights or residential time with the child, which can be done in person, on the phone, or by sending a certified letter.
If a primary parent intends to move outside their child’s school district, they must first give formal notice to the other parent at least 60 days in advance. The formal notice can be delivered by mail that requires a signature from the recipient or a third party who signs a statement that the other parent was notified.
If there is an emergency and the primary parent cannot give notice of relocation at least 60 days in advance, they must inform the other parent within five days of becoming aware of the move. However, the primary parent will have to prove that they could not have given 60 days’ notice and that the move cannot be delayed.
After receiving notice that a primary parent intends to move, the other parent has 30 days to file an objection with the court. Copies of the objection must be served to the primary parent and anyone with visitation rights to the child. A hearing will then be scheduled where a judge will decide if moving away is in the child’s best interests.
While waiting for the hearing, the other parent can request temporary orders that order a child’s return or prevent the primary parent from moving away until the case is decided. Similarly, the primary parent can ask the court for temporary permission to relocate, but there is no guarantee that a judge will grant it.
Whether you wish to relocate or stop a parent from moving away with your child, it is critical to discuss your rights with a Bellevue child relocation lawyer as soon as possible. To schedule a free consultation, call 425-517-3350. or send us a message online today.
Our Family law firm in Bellevue, WA also provides:
Our Seattle Office
814 Second Avenue 515,
Seattle, WA 98104
(206) 590-7085
Our Spokane Office
430 W Indiana Ave,
Spokane, WA 99205
(509) 327 0777
Our Bellevue Office
1408 140th Place NE, Suite 400,
Bellevue, WA 98007
(425) 517 3350.
