Washington State Relocation Lawyers
When children live primarily with one parent and visit periodically with another under a Washington State parenting plan, what happens if the residential parent wishes to relocate far enough away to make visitation difficult? A Washington State relocation lawyer can explain to you the subtleties of Washington State relocation law and rights apply to each parent in this scenario.
The legal conflict in these cases is the balance between every adult’s constitutionally fundamental right to move and travel against every parent’s and child’s right to a parenting relationship with one another. Under Washington State relocation law, there is a presumption that the relocating parent will be able to do so, but the other parent has the opportunity to overcome this presumption and block the child’s relocation.
When the residential parent of a child named in a court ordered parenting plan wishes to move outside the child’s school district, the provisions of the Washington State relocation statute is triggered. The process stipulated under this Washington State relocation law is that the relocating parent must give the other parent official notice of his intention to relocate. The statute requires that this notice be within a time certain, subject to some exceptions. The notice must contain certain information such as, among other things, the child’s potential new address and school and the parent’s reasons for the relocation. The non-relocating parent must respond to this notice by filing an answer with reasons to stop the child’s relocation within a time certain. Failure to respond timely may result in a default judgment allowing the relocation.
The Washington State relocation statute contains a list of factors that the court may consider when evaluating the child’s relocation. The test is not bright line, and the court has wide discretion to determine an equitable outcome for each Washington State relocation case. The factors include but are not limited to the strength of the child’s relationship with the non-relocating parent, the child’s community integration, and the existence of other significant relationships with the child which would be impacted by relocation. As the factors are many and broad, discussing the facts of your case with a Washington State relocation lawyer may be a good idea.
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