Divorce in Washington is already a very complex process, and relocating with your child after it can make things even more difficult. As a parent, you might desire a fresh start with your little one. This is particularly true when you are looking for new work opportunities, improved living conditions or close proximity to family. However, you should consider the legal implications, too.
Under Washington state law, relocating with a child after a divorce is not an easy matter. The laws are designed to take into consideration the best interests of the child. No matter how well-intentioned your reasons may be, if you fail to follow the rules, you may suffer the consequences. You may even lose custody of your child permanently.
For instance, you are required to inform the other parent before relocating. If they object, the dispute will be resolved in court. You cannot wake up one day and decide you want to move. Understanding the laws, especially when they are constantly changing, can be difficult. This is why it is recommended to speak to an attorney at the Law Office of Amanda J. Cook, PLLC.
Overview of Washington’s Relocation Act
Washington’s Relocation Act outlines the rules and regulations that a parent has to follow in order to relocate with their child. If the custodial parent wants to relocate with the child, they must inform the other parent. The Act outlines steps to make sure both parents know their rights in the relocation process. If the other parent disagrees, the issue needs to be brought in court.
When notifying the other parent about the relocating, the custodial parent should also provide them with the reasons for doing so. The other parent has a set time to raise any objections. These regulations help maintain transparency and communication between the parents. The relocating parent should be clear about where they are moving and where the child will live.
According to Washington State law, the parent planning to relocate must inform the other parent at least 60 days before the move. This allows the other party enough to respond. In some cases, when the move is sudden and unexpected, the custodial parent should notify the other parent as soon as possible. However, it should not be any later than 14 days after the move.
What factors does the court consider during a relocation case?
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Best interests of the child standard.
When deciding anything related to a divorce that involves a child, Washington State laws focus on the “best interests of the child.” This standard ensures that the court only makes decisions that are best for the child’s health, safety and overall well-being.
2. Reasons for the move.
Before the court sides with you and approves the relocation, it will look at your reasons for the move. This might include job opportunities, better family support, or other benefits for the child. If the court thinks that your reasons are justifiable, you can relocate.
3. Impact on relationship with the non-relocating parent.
One of the most important factors assessed by the court in a relocation case is how the move will affect the child’s relationship with the non-relocating parent. The court will determine how the action will impact the child’s ability to maintain a strong and meaningful relationship with both parents.
4. Child’s preferences.
The child’s personal preferences can also be considered depending on their age and maturity. If the child is old enough and deemed capable of making a choice, the court will consider their opinion. Moreover, if they have good ties where they currently live, such as in their school and friends, that will also be considered.
Make relocation easy with an attorney!
It is natural to want to start a new life after a divorce, especially when a relocation presents new opportunities for you. Hire a family lawyer in Washington today!
