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(206) 624-9605 - Seattle
(425) 455-4646 - Bellevue
(253) 852-8989 - South King County
Seattle Child Relocation Lawyer
The Washington Child Relocation Act
Assisting clients throughout King County, WA.
Washington Family Law Attorney Laura M. Groves
Talk to a Seattle child relocation attorney today!
(206) 624-9605
(425) 455-4646
(253) 852-8989
Washington State Child Relocation Act Laws
Looking for a Seattle child relocation lawyer?
Washington State's child relocation laws are complicated, and every case is very fact specific. There are many dynamics involved in every proposed or requested relocation action. A good Seattle child relocation attorney can properly evaluate your case and then put together a strategy that you gives you the best chance to prevail at trial. Our WA State divorce and family law attorneys are experienced at handling difficult relocation matters.
In general, the relocation of a child under WA State law is governed by RCW 26.09.405 to RCW 26.09.550. The parent with whom the child resides the majority of the time has a rebuttable presumption that they will be allowed to relocate provided that the statutory notice requirements are properly observed.
The Court cannot prevent the parent from relocating. What the Court then considers is whether or not they will allow the child to relocate with the parent. The Court's consideration is based on the specific circumstances of your situation and requires a multi-pronged analysis.
If you have questions about your WA State child relocation matter, we invite you to call our offices. One of our Seattle child relocation lawyers can review your case in detail and then explain how we can help.
WA State's child relocation notice requirements.
A parent wishing to relocate must provide proper notice to the non-residential parent and all other persons who are entitled to residential time with the child set up through a residential schedule. This notice is anywhere from 60 days prior to the relocation to no less than 5 days following the relocation depending upon the circumstances of the relocation.
Generally, if a parent wishes to relocate the child out of their current school district the Court will require at least 60 days prior notice to the other parent. The non-relocating parent then has the option of objecting to the relocation of the child. Failing to give proper notice may result in sanctions by the Court.
Our Washington and Seattle child relocation attorneys are experienced in helping with the relocation notice of the residential parent who wishes to relocate. We are also experienced in assisting clients in objecting to a possible relocation of their child.
(206) 624-9605 - Seattle
(425) 455-4646 - Bellevue
(253) 852-8989 - South King County
How do I fight my to keep my child here under the Washington Child Relocation Act?
When a parent objects to a relocation of their child the Court will consider several factors in determining whether or not the relocation will be permitted. These factors include the strength and stability of the relationship of the child with the non-relocating parent and other significant persons in the child’s life who will be left behind.
Also considered are prior agreements of the parties; whether disrupting contact between the child and the non-relocating parent would be more detrimental then disrupting contact between the child and the parent with whom the child resides a majority of time; the reasons for the relocation; the developmental stage and needs of the child; the quality of life of the child and the relocating parent in the current and proposed locations; and the financial impact of the of the relocation or its prevention on the child and the relocating parent.
The Court will also look at the availability of the alternative arrangements to foster and continue the relationship with and access to the non-relocating parent. These factors are not considered in any particular order and none are considered more important than any of the others. The Court will not consider whether the person seeking to relocate the child will decide not to relocate if the child is not allowed to relocate with them.
While considering the factors detailed above, the Court must put the best interests of the child above everything else.
What if I need to leave Washington State right away?
A relocating parent, in special circumstances, may also ask the Court to allow relocation pending the outcome of the relocation trial. Our Seattle relocation lawyers can help you determine if a Motion for Temporary Orders allowing relocation pending trial is appropriate in your particular situation.
Special consideration is given to parents who have “50/50” residential schedules. Many Courts will apply standards applicable to modifications of a parenting plan or residential schedule instead of the factors considered in the relocation statute. This does away with the presumption that the relocating party will be allowed to relocate with the child.
Regardless of your situation it is important that proper notice is given and that Court rules and Washington statutes are followed carefully. Our Seattle child relocation attorneys are experienced in navigating the Courts in order to provide our clients with the best possible outcome for them and their children.
I've just been served with WA State Child Relocation paperwork. Where do I go from here?
If you recently been served with paperwork and have questions about your WA State or Seattle child relocation matter, we encourage you to call our offices immediately. The clock is ticking.
One of our experienced Seattle child relocation attorneys can go over your matter in detail and then explain how we would would approach your case.
Seattle Child Relocation Lawyers
(206) 624-9605
(425) 455-4646
(253) 852-8989