Moving to a new home can be exciting, but it also tends to come with a large to-do list. You have things to pack and unpack, documents to update, a new environment to get used to, and a lot of logistics to figure out for both you and your child. Things get even more complicated if someone who isn’t relocating has a partial custody agreement or visitation rights with your child.
Your Washington state parenting plan comes with legal obligations to fulfill before or during any move. If you’re looking for a guide on how to legally relocate while subject to a parenting plan, you’re in the right place.
The Basic Rules For Relocation With a Custody Agreement
In Washington state, parents who are subject to a parenting plan are usually allowed to relocate, although they must follow the right legal process. The farther away you move, the more complicated the process will be.
You typically need to give notice to each individual who has residential time or visitation rights. More specifically, you must fill out the legally required form and provide it to the other parent at least 60 days before your move unless there are unusual circumstances. You can give the notice yourself or send it by any type of mail that requires a return receipt.
As of 2024, the required form is called Notice of Intent to Move with Children (Relocation), and you can find it on the relocation section of the Washington Court Forms website.
There are some exceptions to the notice requirement:
- If you could not have reasonably known all the information required in the notice form, and it’s not reasonable to delay the relocation, you can delay giving notice until up to 5 days after you know the required information.
- If you plan to move to a domestic violence shelter, you can delay notice for 21 days (39 days before your relocation).
- If you are moving because of a clear, immediate, and unreasonable risk to your own or your child’s health or safety, you can delay notice for 21 days (39 days before your relocation).
- If you believe providing the information in the standard notice would put your own or your child’s health or safety at unreasonable risk, you can file for an ex parte hearing, meaning a hearing without the other parent. The judge may waive all or part of the notice requirements.
- If you are in the Address Confidentiality Program or have a court order that lets you withhold some of the information in the notice, you don’t have to provide the protected information.
Short-Distance Moves
The simplest scenario is if you are moving to a new home in the same school district. In this situation, you don’t need to provide a formal written notice. All you need to do is give “actual notice” to the other parent — in other words, to let them know by any reasonable means. You can do this verbally, although it’s often better to do it in writing so you have a record of it.
In Washington State, the other parent has no right to object to your move as long as you stay within the same school district. However, they can try to modify the parenting plan.
Moving to a New School District
If you are moving outside of your child’s school district, you need to follow a more formal process. You may face more legal complications, especially if the other parent has a problem with your plans.
Anyone who has a court-ordered right to residential or visitation time can object to your child’s move. They can file an objection with the court and serve it to you within 33 days of when they received notice of your intended move. If they do, you must attend a hearing with a judge to decide whether you are allowed to relocate with your child.
Generally speaking, the court presumes parents with at least 55% of the residential time should be allowed to relocate with the child. The judge will consider both your own and your child’s needs. If you have less than 55% of the residential time, the judge will decide based on the best interest of your child. Regardless, the judge may decide a new parenting plan is appropriate based on your move.
Unless you have a court order saying otherwise, you can’t move your child’s principal residence during the objection timeframe. You also can’t move while waiting for a hearing requested by the other parent, even if the hearing is scheduled for after the objection timeframe.
If the other parent doesn’t file an objection in the objection timeframe, you should be able to move without additional court action.
Moving out of state
On the Washington state end, moving out of state works much like moving to another school district within the state. The rules for providing notice and the other parent’s right to file an objection are the same.
However, each state has its own rules about relocation with a child subject to a custody or visitation agreement. We recommend speaking with a lawyer to see how moving to a specific state will affect your obligations as a parent.
What Happens If You Don’t Give Notice?
Failing to provide notice in the required timeframe can have serious legal consequences, and it doesn’t prevent the other parent from being able to file an objection. Depending on the situation, a judge can impose sanctions on you, like:
- Holding you in contempt of court and requiring fees and/or jail time.
- Requiring you to pay the other parent’s court costs and legal fees.
- Ordering you to move the child back to your previous location in Washington or even to the other parent’s home.
If you’re worried about how the other parent will react, you can speak with a family lawyer. They can help you understand your legal options, including asking a judge to waive your notice requirement. They can also give you the best chance of success in the event that the other parent objects to your move.
Get Legal Help With Your Custody Agreement
The Anderson Hunter Law Firm is here to help you understand your legal rights, obligations, and options as a parent relocating to or from Washington State. Our experienced family lawyers can support you throughout the legal process.
Need legal advice? Schedule a consultation with one of our family law attorneys today.