Seattle Child Custody Lawyer: Relocation of a Custodial Parent
Seattle Child Custody Lawyer: Relocation of a Custodial Parent
Once a final parenting plan is entered, the person with whom the child resides a majority of the time may find that he or she needs to change residences. Sometimes that intended move is only across town; however, other times the intended move is so far away that the residential schedule in the parenting plan will have to be changed. As a result, Washington family law provides that the relocating parent must give notice of his or her intended move to every other person entitled to court ordered time with the child. As the law regarding relocation has been developing over the last several years, a McKinley Irvin Seattle child custody lawyer ought to be consulted regarding relocation issues and how relocation can affect your family.
Mandatory forms must be used for relocation matters which can be found at Seattle child custody lawyer forms.
If the intended move is within the same school district, the relocating person or Seattle child custody lawyer need only provide actual notice by any reasonable means. A person entitled to time with the child may not object to the move but may petition for a major or minor modification of the parenting plan pursuant to RCW 26.09.260.
If the intended move is outside the child's school district, the relocating person must give notice to all other persons by personal service or certified mail, return receipt requested. The notice must generally be at least 60 days before the intended move, or, if the relocating person or Seattle child custody lawyer could not have known about the move in time to give 60 days notice, then within 5 days after learning of the move. There are exceptions which delay these notice requirements in cases where the relocating person's or any child's health or safety may be in danger (for instance, due to domestic violence) or where there is a court order protecting address confidentiality. A Seattle child custody lawyer can explain the scope of the exceptions.
Except for cases where a person's health or safety is of concern, the notice of intended relocation must contain the following information, as well as additional statutory language that can be explained by a Seattle child custody lawyer: the date of relocation, the proposed new address and phone number of the home and school of the child, and a brief statement of the reasons for the relocation. Note that there are other requirements and a Seattle child custody lawyer ought to be consulted.
If the relocating person wishes to change the residential schedule or visitation with a child, a proposed parenting plan must also accompany the notice. An experienced Seattle child custody lawyer can help draft a proposed plan that is workable given all parties' circumstances. Failure to give the required notice may be grounds for sanctions, including contempt, and a Seattle child custody lawyer may be needed to defend against such sanctions.
The relocating person cannot move the child during the time for objection unless the delayed notice provisions apply or a court order through a Seattle child custody lawyer allows the move. If the objecting person schedules a hearing for a date within 15 days of timely service of the objection, the relocating person may not move the child before the hearing unless there is a clear, immediate, and unreasonable risk to the health or safety of that person or the child. The Seattle child custody lawyer at McKinley Irvin have handled many of such hearings.
If the non-relocating person or persons fails to file an objection within 30 days after service of the notice of intended relocation, the court may permit the relocation. The court may also confirm the proposed revised residential schedule contained in the proposed parenting plan that accompanied the notice, if applicable.
McKinley Irvin Seattle Child Custody Lawyers
It is clear that in both relocating and objecting to relocation, a McKinley Irvin Seattle child custody lawyer ought to be consulted to protect the rights and interests of parties and children. The law here is complex and evolving. For specific statutory language regarding relocation please refer to RCW 26.09.430 through 26.09.480. RCW 26.09.405: Applicability.
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