What You Need to Know About Relocation Laws and Child Custody in Washington State

As a parent, you want to know that your children will be able to enjoy a stable and safe living environment in which they can grow and thrive. Even if your marriage or romantic partnership falls apart, you want to trust that your children will still be supported and loved by their parents. Whether you established a parenting plan during the divorce process or you created one with your child’s other parent to ensure that you both can play an active role in raising your child, it’s important to recognize that circumstances can arise that may require changes or modifications to the existing parenting plan. For example, the parenting plan may be altered in order to accommodate one parent’s work schedule when they take on a new job. Generally speaking, Washington courts seek to ensure that the parenting plan is set up to provide both parents the opportunity to care for their children and cultivate meaningful relationships with them. However, what happens when one parent needs to relocate for a new job or to live closer to their family? It’s helpful to get a sense of how the relocation laws in Washington state could affect an existing parenting plan. 

Child custody relocation cases can become complex, especially if the other parent has an objection to the proposed relocation. Regardless of the specific circumstances of your case, it can be helpful to enlist the guidance of a highly qualified and dedicated Seattle family law attorney to provide you with the support you need during this time. Together, you and your attorney can assess your needs and concerns to identify the most strategic path forward. This post will provide a brief overview of Washington state’s relocation laws, some of the factors that the court will consider in relocation cases, and a few tips for navigating relocation cases with greater clarity and confidence. 

Understanding Washington’s Child Custody Relocation Laws

Courts in Washington state recognize that there are times when a parent needs to relocate for any number of reasons (i.e., accepting a new job, wanting to live closer to family, changes in living situations, etc.), which may require a modification to an existing parenting plan. According to Washington’s Child Relocation Act (RCW 26.09.430), “A person with whom the child resides a majority of the time, or a person with substantially equal residential time, shall notify every other person entitled to residential time or visitation with the child under a court order if the person intends to relocate.” In other words, the primary custodial parent, or a parent who has significant parental and custodial responsibilities (at least 45 percent), must provide a formal notice of their intent to relocate within a set period of time. In most cases, the party who intends to relocate must provide notice to all affected parties at least 60 days before the expected move. This timeframe serves as a formality to ensure that the relocating parent is not impeding on the other party’s custodial or visitation rights, and it also informs the other parties about where the relocating parent intends to reside. The parent who will relocate can complete and submit a document called “Notice of Intent to Move With Children (Relocation),” which informs the recipient of the individual’s intent to relocate, their reasons for doing so, and their new address. 

How the Relocation Affects Notification Requirements

It’s important to note that this formal notification process applies to situations where the parent intends to relocate to a different school district. For cases where the relocation will occur within the same school district, the parent who will be relocating is not required to use the formal document and have it served to the other parties. Instead, they can notify the affected parties in a more informal manner—no specific document or form is required. Failure to provide notice to other parties can lead to contempt of court charges, which can trigger court-mandated sanctions against the relocating parent (i.e., requiring the relocating parent to bring back the children after the move has already occurred, ordering the relocating parent to cover the other party’s costs and attorney fees, etc.). As the party receiving a relocation notice, you have the right to object to the proposed relocation if it involves taking the child out of their current school district. If you wish to raise an objection, you can complete and file a document entitled “Objecting about Moving with Children and Petition about Changing a Parenting/Custody Order (Relocation).” The objection must be filed within 30 days after receiving the Notice of Intent to Move. If the proposed relocation is within the same school district, the other party cannot object to the move. However, they can file a petition to change the terms of the existing parenting plan if there are valid concerns. 

Factors That Washington Courts Consider in Relocation Cases

When the court reviews a parent’s relocation request, it will examine several factors to inform its determination. If the other parent objects to the custodial parent’s relocation request, the court will look at many factors to explore whether “the detrimental effect of the relocation outweighs the benefit of the change to the child and the relocating person.” Here are just a few of the factors that a Washington court may consider when navigating relocation disputes in King County or Pierce County.

Parental Relationships

A judge will likely look at 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.” In other words, how will the proposed relocation affect the child’s relationship with the primary caregiver and the other parent, grandparents, siblings, and other family members? If the proposed relocation could isolate the child from other loved ones and relatives, the court may hesitate to move forward with the relocation request.

Previous Agreements Between the Parties

When examining a relocation request, the court will check to see if there were any prior agreements in place between the two parties regarding these types of situations. For example, if the parties had already agreed in writing to allow the custodial parent to relocate with the child if the need arose, the court may use this written agreement to guide or inform its approach to the relocation request. 

The Needs of the Child

Ultimately, the court prioritizes the best interests of the child in every determination it makes. As the court reviews a relocation request, it will look at “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.” Additionally, the court will explore how the proposed relocation request will affect the child’s living environment, quality of life, and opportunities, should the proposed move be granted. 

Tips For Navigating Relocation Cases in King County

If you are a custodial parent seeking to relocate outside of the child’s school district, there are some strategies you can use to maximize your chances of securing a successful outcome. First, it’s important to adhere to the state’s relocation laws by completing the required paperwork accurately and providing enough notice to the other parties involved so that they can raise objections (if they have any). Even if you are not moving the child out of their current school district, it’s best to communicate clearly and openly with the other parent to minimize conflict as much as possible. Should a relocation dispute arise, it’s worth enlisting the guidance of a highly experienced and caring Seattle family law attorney who can help you navigate the dispute resolution process with greater ease and confidence.

If you are the recipient of the other parent’s relocation notice, it’s important to understand your rights. Should you have concerns about the proposed relocation that requires your child to change school districts, you have the right to file a formal objection and voice your concerns in a formal setting. You can always seek the support and assistance of a knowledgeable and compassionate Seattle child custody lawyer for the customized guidance you deserve.

Parenting Plan Relocation FAQs

Several questions can arise as you navigate child custody relocation issues. Below are some of the most commonly asked questions about relocation cases in Washington state so that you can get a better sense of what to expect during this process. For more personalized legal guidance, consider reaching out to a seasoned Seattle family law attorney at your earliest convenience. 

Can a Parent Relocate Without the Other Parent’s Permission?

In Washington state, any relocation requests that take the child out of their current school district must be handled through a formal process. Failure to observe this process can result in contempt of court charges and sanctions. Even though a parent seeking to relocate within the same school district is not obligated to provide formal notice to the other parent, doing so improves transparency and respectful communication—which also supports the child’s best interests.

What Happens if the Other Parent Contests the Relocation?

If you object to the proposed relocation that requires your child to change school districts, you can file a formal objection and raise your concerns in a formal setting. However, if the relocation is occurring within the same school district, you cannot file a formal objection to the proposed relocation request. You can still raise your concerns, though, by seeking to modify the existing parenting plan—as long as you can present valid reasons for justifying these changes. 

Conflicts about parenting plans and child custody matters can be particularly stressful and overwhelming. When you enlist the guidance of a trusted and highly qualified Seattle family law attorney, you can rest assured that the best interests of you and your children will be prioritized and protected at every opportunity. Please contact the Hemmat Law Group today at (206) 682-5200 to discuss your concerns with a dedicated and compassionate child custody attorney.