Whether you are getting ready to go through the marital dissolution process or already have, issues involving your children need to be addressed carefully. You want to do what is best for them, but you and your ex may not always agree on what that is. One issue that comes up fairly frequently is the desire to move children out of the state of Washington after divorce. This is something that may not be as easy to do as you might think.
If you and your ex share custody, making a move out of state is not something that can be done without his or her approval. If one of you has physical custody and the other visitation rights, it is still not a move you can make without first seeking approval. The only way you can move out of state without your ex’s permission or court approval is if your ex has lost or relinquished his or her parental rights.
What are the options?
If relocating your children is something you or your ex wants to do, there are a couple of ways to go about it. First, you can talk it out to see if you both can agree on a new parenting plan. Second, you can file a petition in court so that a judge can weigh in on the matter.
If litigation proves necessary, you and your ex will both have the opportunity to present your case for or against relocation. If you would prefer, legal counsel can do that for you. The judge may also seek recommendations from select outside sources before deciding on the matter. When all is said and done, the request will either be approved and a new custody order created or the request will be denied.
Whether you are the one wanting to move your kids out of Washington or you are the parent who has concerns about it, legal counsel can help you figure out the best way to address the situation. It may come in the form of assisting with custody negotiations or going to court to fight for a custody arrangement that will best serve your children’s interests.