By: McKinley Irvin
A change in residence is not uncommon for many people, but when a child named in a Washington State parenting plan changes residences, special laws come into play. Sometimes people move just across town, but other times the move is far enough away that a residential schedule will have to be modified. As a result, Washington family law requires the relocating parent to give notice of the intended move to every other person entitled to court ordered visitation with the child, who in turn may object to the child's move. This area of law has developed significantly in the last few years and is still somewhat unsettled; therefore, a McKinley Irvin Seattle child custody lawyer ought to be consulted regarding relocation issues and how relocation can affect your family. Mandatory forms can introduce you to some of the concepts in relocation actions and can be found at Seattle Child Custody Lawyer forms. If the child will only move within the same school district, the relocating person or Seattle child custody lawyer need only provide actual notice by any reasonable means before moving. Other parties may not object to such a move, but they may file a parenting plan modification act, if appropriate, pursuant to RCW 26.09.260. However, when a custodial parent wishes to move a child outside the child's school district, the moving parent must provide notice to all other parties by personal service or return receipt certified mail. The notice must generally be at least 60 days before the intended move, or, if the relocating person or Seattle child custody lawyer could not have known about the move in time to give 60 days notice, then within 5 days after learning of the move. Careful attention should be paid to the statutory language as there are exceptions to these notice requirements for emergency circumstances, domestic violence cases, and confidentiality issues. A Seattle Child Custody Lawyer can explain the scope of the exceptions. Except for cases where a person's health or safety is of concern, the notice of intended relocation must contain the following information, as well as additional statutory language that can be Also subject to exceptions like these, to be explained by a Seattle child custody lawyer, is the requirement that the date of relocation, the proposed new address and phone number of the home and school of the child, and a brief statement of the reasons for the relocation be provided by the moving parent. Note that there are other requirements for relocation and you should consult Seattle child custody lawyer for the relevant law. Furthermore, a relocating parent must also submit his or her proposed parenting plan to take effect after the move, if applicable. Since drafting parenting plans generally takes experience to do well, an experienced Seattle Child Custody Lawyer might really be of help in drafting a proposed plan that is workable given all parties' circumstances. Failure to meet the notice requirements may result in sanctions, including contempt, and you might need a Seattle child custody lawyer to defend against such sanctions. The relocating parent cannot move the child during the time for objection unless one of the notice exceptions applies or a court enters an order through the help of a Seattle child custody lawyer which allows the move. If the objecting parent sets a hearing for a date within 15 days of timely service of the objection, the relocating person may not move the child before the hearing unless there is a clear, immediate, and unreasonable risk to the health or safety of that person or the child. The Seattle child custody lawyers at McKinley Irvin have represented clients during many of such hearings, and are familiar with the relevant law. The objecting parent and his Seattle child custody lawyer must actively participate in the process in order for it to be effective. If that parent does not file an objection within thirty days of being served, the court may approve the relocation and may enter the parenting plan proposed by the relocating parent. McKinley Irvin Seattle Child Custody Lawyers Being on either side of a relocation action is a complex legal matter, and a McKinley Irvin Seattle child custody lawyer ought to be consulted to protect the rights and interests of parties and children. For relevant relocation statutes please refer to RCW 26.09.430 through 26.09.480. RCW 26.09.405: Applicability.
Publish this article: Seattle Child Custody Lawyer: Relocation of a Custodial Parent