People relocate for a variety of reasons, many of which can benefit their children. They may be seeking a career opportunity or a better school system, for example. Still, this move can get complicated when you share a child with an ex-spouse. You may need to petition the court to change the terms of your custody agreement.
If you or your ex-spouse is planning on relocating, the child custody lawyers from The Aberdeen Law Firm can help you come up with an agreement that can meet your custody needs or petition the court to modify your child custody agreement. If you believe your ex-spouse’s move is not in the best interest of your child, we can also advocate for you.
Washington Relocation Laws for Divorced Parents Are Complex
In the state of Washington, divorced parents seeking to relocate must be very careful. There are specific laws that may or may not apply, depending on the time the original custody agreement was signed.
For example, according to RCW 26.09.405, if the custody order was issued on or after June 8, 2000, the Washington relocation laws apply. These laws stipulate that a parent wishing to relocate outside of the child’s current school district must usually give the other parent notice at least 60 days before the move.
From there, if a noncustodial parent objects to the relocation, they must file an objection to the court within 30 days of receiving the notice. They will usually have to explain why they believe the relocation wouldn’t serve the child’s best interests. The court will then hold a hearing to determine if the custodial parent is allowed to move with the child. The noncustodial parent can also petition the court to modify the existing child custody agreement.
What If There Is No Custody Order
Without an original custody agreement issued by the court, the custodial parent generally has the right to relocate the child, but they should still inform the other parent. They are not allowed to interfere with the noncustodial parent’s rights to share in the upbringing of the child.
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Petitioning the Court to Modify a Custody Agreement
Under the best circumstances, you and your ex-spouse are in agreement about a move. Still, it can affect your child custody arrangement in several ways. This is why it’s important to get clear on any new agreements that will need to be established, such as agreements on visitation.
When there is a disagreement about how a move will affect your child, our child custody attorneys can step in and negotiate terms with your ex-spouse. We can petition the court to modify your child custody agreement.
If You Relocate With Your Child Against Court Orders
If your ex-spouse disagrees with you about relocation, they can petition the court to issue a restraining order. If you violate the terms of this order or the domicile restriction in your original custody agreement, the court could charge you with parental abduction under RCW 9A.40.060 and RCW 26.09.315.
You never want to do anything that can harm your relationship with your child. If you are charged with parental abduction, you could face fines and prison time. Worst of all, it can negatively affect your parental rights when it comes to custody in the future.
Factors Affecting the Court’s Decision on a Divorced Parent’s Relocation
The courts will always consider the well-being of the child when reviewing petitions that aim to modify a child custody agreement. It’s likely that you have already experienced a struggle creating an initial agreement with your ex-spouse, and you may be overwhelmed by the prospect of petitioning the court due to relocation. You don’t have to take on this process alone.
The court will examine the reason for the move and determine if it is ultimately in the best interest of the child. If a parent seeks to gain greater financial stability or place their child in a better school district, the court could look favorably on modifying the custody arrangement.
The court will generally not look kindly on any attempt to isolate a child from one of their parents.
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How a Child Custody Lawyer from Our Firm Can Help With Relocation
Whenever you are dealing with child custody arrangements, you can hire our attorney to help navigate you through the legal process. Our firm understands that these are some of the most emotionally-charged legal battles, even when terms seem to be easy to negotiate.
Our firm can help you in the following ways:
- Review your current child custody agreement to help modify a domicile restriction
- Communicate with your ex-spouse and their representatives
- Negotiate the new terms of a child custody agreement
- Handle all the necessary paperwork
- Provide you with compassionate legal care
We will also make it a point to prioritize your case and give you updates as it progresses. We will never leave you in the dark about your case because we understand how important it is to secure your relationship with your child. For example, we will make ourselves available to answer any questions you may have along the way.
We Provide Client-Focus Legal Care
Another way we help families is by providing client-focused legal services. We will never treat your case as run-of-the-mill. Instead, we will tailor a legal strategy to suit your unique situation. Family is the most important thing in life, and we will give your case the attention to detail it deserves.
At The Aberdeen Law Firm, we understand that family is everything. We can help you through the process of relocation so that you can instead focus on being a good parent, managing your job, and maintaining your household.
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Call The Aberdeen Law Firm for Help With Washington Relocation Laws for Divorced Parents With Kids
Don’t wait to start on your child custody case. Our law firm can explain Washington state’s relocation laws for divorced parents with kids. We can also tell you more about how our lawyers can help you.
Call The Aberdeen Law Firm to begin your case immediately.
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