Clement Law Center
Free Initial Consultation
Toll Free 888-351-6779
Local Calls 253-336-3607

Can you move with your child after a divorce?

If you have legal custody of your child after a divorce, a relocation is a complex process. You have to follow state law and your existing court order. Here are some general guidelines when it comes to moving with your child.

If your parenting plan gives the other parent visitation, you have to give that person notice of your plan to move. The other parent has 30 days to file an objection with the court. If a third party has visitation rights with your child granted through a court order, that person also should have notice of your plan to move.

Courts recommend that you give at least 60 days' notice to the noncustodial parent. You should also document this notice, either through a third party who signs a form stating that the notice was given to the other parent or through a form of mail which requires a return receipt. If there is a situation in which you could not have known about the move, you must give notice within five days of finding out that you have to move.  

If you do not have an existing order that outlines residential time or visitation, the statutes about relocation do not necessarily apply. However, you should be aware that there may be custodial interference laws or jurisdictional laws which could apply to your situation. It is a crime to deny a parent access to the child for a long time, even though no parenting plan is in place. In addition, if the other parent stays in Washington and files a court case, you will have to return to the state to respond.

There are exemptions for relocating if you are moving for safety reasons. It is highly recommended that you speak with an attorney before relocating no matter what reason you have. You will need to follow what is in your parenting plan and any other statutes which apply to your situation. The law is very complex. 

No Comments

Leave a comment
Comment Information