A parent's moving can potentially impact the rights and responsibilities of both parents under the parenting plan.

Before you or your co-parent make such a move, consult with a Seattle family lawyer to help you comply with the process Washington has put in place.

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I am planning to relocate.

Get help drafting your formal notice of relocation.

Parents must give co-parents at least 60 days notice prior to moving, and it is up to the court to decide whether the move is going to be allowed.

A specific form needs to be used; a phone call or email is insufficient.

Why You Should Speak with a Seattle Relocation Attorney

It’s not uncommon for a divorced parent to move to a new residence, be it for a new job, to find more affordable housing, to join a new partner, or for another reason. However, you should start the relocation process before you are fully committed. Why?

Remember that the current parenting plan is a legally binding agreement: if you fail to follow the parenting plan, you risk being found in contempt. Furthermore, you could jeopardize your case if you move without notice, especially if you want your child to move with you. A Seattle relocation attorney can help you make sure you send the proper notification and avoid violating your current parenting plan.

TIMELINE

DAY 0

Provide Notice

Provide your co-parent(s) with formal notice of your wish to relocate at least 60 days prior to when you wish to move.

DAYS 1-30

Objection Window

This is the window of time in which your co-parent(s) has time to potentially file an objection to your relocation notice.

Interim

Motion for Temporary Relocation

You may need to consider whether you can afford to wait until trial before relocating. If you are starting a new job, that may not be realistic. Fortunately, one option is to have your Seattle family lawyer file a Motion to Permit a temporary Relocation Pending Trial. The court will probably permit the move at this time if it feels, after reviewing the facts of the case, that the relocation is likely to be approved after trial.

There is always the risk that, after trial, the court (this may well be a different judge than heard the temporary motion) could require you to move back. On the other hand, the fact of the court having approved the temporary relocation puts pressure on the court to not change the result at trial without VERY good reason. Get advice from your Seattle relocation attorney as to the advisability under your circumstances of trying to do a temporary relocation.

Need to move quickly for a new job? Ask us how temporary court orders work.

Final Stage

Relocation Trial

If a co-parent files an objection to your relocation, a trial date will be set. At trial there is a presumption that the relocation will be allowed absent significant reason to not allow it, generally having to do with specific detriment to the child, over and above what would exist in a typical case. Also, if needed, your lawyer will ask the court to determine what modifications need to be made to the parenting plan because of the relocation.

Relocation FAQ

Have a unique situation not covered here? Ask our team directly.

Do I need to fulfill the "formal notice" requirement every time I move?
  • If you are moving within the same school district, you may provide notice by any “reasonable” means.
  • If you are moving outside of the school district, the “formal notice” requirements (listed above) apply.

Under Washington law, you are obligated to provide notice to the other parent any time that you move. Even if you do not think it will affect your current parenting plan, we recommend that you err on the side of caution and provide notice to the other parent every time you move.

Does my relocating mean the parenting plan needs to be changed?

A new custody arrangement may not be necessary if you are just relocating to the next school district over, but it probably is if you are moving farther than that. Discuss with your attorney whether the new location will make a difference in terms of keeping to current transportation and activity schedules. If the move is such that the parenting plan needs to be modified, a proposed new parenting plan should also be submitted with the notice. For instance, if your spouse currently picks up the child after school to go to sports practice, that may not work when you are living 40 traffic-congested miles away.

What is the likelihood that my child will be allowed to relocate with me?

You should speak with a Seattle relocation attorney before deciding to move forward with relocation. If the other parent agrees to the relocation, the process is quite simple. Your lawyer can provide guidance on approaching your relocation that will give you the best chance for success. 

However, if the other parent objects to the relocation, then the matter will be set for trial. Whether or not your child can move with you will depend heavily on the circumstances specific to your case. The court will give careful consideration to your child’s best interests and their relationship with the other parent. 

I’m moving out-of-state to take a new job. How will my parenting plan change?

The answer to this question somewhat depends on your current parenting plan and how far away you are moving (i.e. not just moving from Vancouver, WA to Portland, OR). Assuming that you currently have frequent parenting time with your child that would be difficult to accomplish from your new residence, your parenting plan will need significant modifications.

Typically, a long-distance parenting plan entails having custody of your child during large blocks of time during summer and winter breaks, with little time during the school year. However, an experienced Seattle relocation attorney can help you modify the parenting plan in whatever way makes the most sense for you and your child. 

During my relocation trial, what are some factors the court will consider when making its decision?

Per RCW 26.09.520:

  • The 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;
  • Whether disrupting the contact between the child and the person with whom the child resides a majority of the time would be more detrimental to the child than disrupting contact between the child and the person objecting to the relocation;
  • Whether either parent or a person entitled to residential time with the child is subject to limitations under RCW 26.09.191;
  • The reasons of each person for seeking or opposing the relocation and the good faith of each of the parties in requesting or opposing the relocation;
  • The age, developmental stage, and needs of the child, and the likely impact the relocation or its prevention will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child;
  • The quality of life, resources, and opportunities available to the child and to the relocating party in the current and proposed geographic locations;
  • The availability of alternative arrangements to foster and continue the child’s relationship with and access to the other parent;
  • The alternatives to relocation and whether it is feasible and desirable for the other party to relocate also;
  • 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.

My co-parent wants to relocate.

Protect your parenting time before you lose your chance!

You have 30 DAYS after receiving formal notice to object to your co-parent's request for relocation.

If the objection is filed, then the relocation will be set for trial. Whether or not you object to the co-parent’s relocation notice is obviously an important decision, both in terms of your child’s interests and your rights as a parent.

Why You Should Speak with a Seattle Relocation Attorney

A Seattle relocation attorney can help you understand your options and then develop an effective legal strategy for responding to your co-parent’s notice.

Speak with an attorney about filing an objection

Relocation FAQ

Have a unique situation not covered here? Ask our team directly.

Does my co-parent need to send me "formal notice" each time they move?

Under Washington law, co-parents are obligated to provide notice to the other parent any time that they move.

  • If they are moving within the same school district, they may provide notice by any “reasonable” means (phone, email text, mail, etc.).
  • If they are moving outside of the school district, the “formal notice” requirements (specific court form) apply.

Even if they do not think it will affect the current parenting plan, we recommend that parents err on the side of caution and provide notice to the other parent every time they move.

My co-parent is planning to move out-of-state to take a new job. How will our parenting plan change?

The answer to this question somewhat depends on your current parenting plan and how far away your co-parent is moving (i.e. not just from Vancouver, WA to Portland, OR). Assuming that your co-parent currently has frequent parenting time with your child that would be difficult to accomplish from their new residence, your parenting plan will need significant modifications.

Typically, a long-distance parenting plan would entail your co-parent having custody of your child during large blocks of time during summer and winter breaks, with little time during the school year. However, an experienced Seattle relocation attorney can help you approach parenting plan modification negotiations in whatever way makes the most sense for you and your child.

Does my co-parent moving automatically mean we need to modify our parenting plan?

→  If your co-parent is relocating to the next school district over, a new parenting arrangement may not be necessary.

→  If they are moving farther than that, a new parenting arrangement is probably needed. In which case, they should submit a proposed, new parenting plan in addition to the formal notice of their move.

Discuss with your attorney whether your co-parent’s new location will make a difference in terms of keeping to current transportation and activity schedules. For instance, if your spouse currently picks up the child after school to go to sports practice, that may not work when you are living 40 traffic-congested miles away.

What is the likelihood that the court will allow my co-parent to relocate with my child?

→  If you agree to the co-parent’s relocation, the process is quite simple. Your lawyer can provide guidance on approaching the situation in a way that protects your interests.

→  If you object to your co-parent’s relocation, then the matter will be set for trial. Whether or not your child will be allowed to move with your co-parent will depend heavily on the circumstances specific to their case. The court will give careful consideration to your child’s best interests and their relationship with you.

Work with a Seattle Relocation Attorney and Ease the Stress of Your Move

Make sure to consult with your Seattle child custody attorney well in advance of any planned relocation, especially if it is going to be outside of your child’s current school district.

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