*To get the most up-to-date information on relocation it is always best to consult with our Washington State relocation lawyer.
The basic premise of relocation cases is that a parent has a constitutional right to move and live where he or she wishes as long as it is not inherently bad for the children or somehow dangerous. Common sense is the best gauge of this standard. If the parent is trying to relocate the child out of the country, the Court will generally want to make sure the new country is a signatory to the Hague Convention Treaty regarding child custody and child abduction.
The law presumes the moving parent is acting in good faith when proposing a move and presumes that parent will be granted the right to relocate. In opposing relocation, the non-moving parent must show through 11 specific factors that the move is detrimental to the child (and this detriment must generally be more than merely losing time with that parent and extended family).
Please note the law has changed significantly with regard to relocations when you have a joint/equal custody arrangement. Please reference our legal guide for more information or consult with one of our relocation lawyers.
If you are the person relocating, you must notify the other party no less than 60 days prior to the date of the intended relocation, or no more than five days after the date that the person learned of the relocation. There are a few exceptions, but this is the standard. Generally, you do not want to withhold this information, but it is always best to consult with a lawyer first to ensure you are properly notifying the other party and Court.
There are two ways to receive permission to move:
Our work ranges from helping clients secure the full benefit of state and local financial incentives to navigating the vagaries of regulatory, zoning, tax and land-use requirements. We have the knowledge, experience and credibility with state and local officials to negotiate economic development incentives, tax impacts and regulatory interpretations. Envision’s relocation law firm’s full menu of legal and advocacy services allows us to assist in thoroughly analyzing all aspects of your business. With a broader perspective on our clients’ businesses, we can more effectively advocate for financial incentives and seek to promote a state regulatory and business climate designed to minimize the burdens imposed on our clients.
If you or your spouse are a military servicemember, you know that it is not uncommon to be deployed or reassigned. When this happens, you need to be prepared and make sure that you take the appropriate legal steps when it comes to the issue of custody and relocating with a child. Since this is not an uncommon situation, there are many legal arguments on both ends of the spectrum whether you are the custodial or non-custodial. Each scenario is a little bit different and the court factors in many different details about the relocation to include distance, schools, crime rates, special needs of the child, extended family, financial stability, etc.
In the State of Washington, if the custodial parent (the parent who has the greater amount of time with the child) wants to move away with the child, there are a number of initial considerations: It is always better to consult with a relocation attorney for up-to-date info.