Washington Relocation Lawyer
If you have legal custody of a child and are contemplating moving, there are some complicated Washington relocation laws that apply. For that reason, you should consult with a lawyer before deciding whether to relocate.
A Washington relocation lawyer can assist by explaining how the law specifically applies to parenting plans that were established before and after June 8, 2000. An experienced attorney can also describe the steps required to provide notice to another person who has visitation rights and what course to take if he or she objects, explain the different rules that apply to moving outside a school district and relocating out of state, and outline the rules that apply in emergency situations, such as domestic violence.
Steps to Take When Planning to Move
When a parent with legal custody wishes to relocate, both the court where the parenting plan was entered and the non-custodial parent must be notified. The non-custodial parent has 30 days to file paperwork to formally object to the relocation. If there is a third party who also has right to spend time with the child, they may file similar paperwork to object.
Laws for Relocation in Washington
Relocation law applies depending on when a parenting plan was established. If a parenting plan was established after June 8, 2000, the law applies. The law may also apply to those parenting plans that were entered prior to June 8, 2000, depending on the language contained in the plan that refers to relocation. A careful reading of the document can determine whether the law applies.
In the absence of a parenting plan, Washington’s custodial interference laws apply. It is a crime to deny a parent’s access to a child either by taking or hiding the child. An even more serious violation is to move a child out of state without proper notification and consent of the other parent. However, there are special circumstances, such as domestic violence, where moving a child without notifying the other parent may be permissible. A Washington relocation lawyer can help an individual understand the relocation laws and how they apply to his or her situation.
When a Parent Must Notify the Court
Relocating to the same school district is permitted by law and objections are not typically accepted by the court. The parent who relocates must provide notice to the court where the parenting plan was entered as well as to all who have visitation rights, either verbally or in writing.
If a custodial parent wishes to relocate outside of the child’s current school district but within the state, he or she must give notice to the court and all who have visitation rights at least 60 days prior to the move. He or she may give notice either by mail with return receipt or personal service by a third party who signs a proof of service.
How a Washington Relocation Attorney Can Help
If you are planning on relocating with your child out of state or out of a school district, a lawyer can help. Washington relocation laws are complex and before relocating it is important to carefully review the law along with custody orders and parenting plans.
It may be crucial to consult with a seasoned Washington relocation lawyer when you are considering a move with your child. An attorney can ensure you are in compliance with all applicable statues so that your move will be worry-free.