If you have custody of your child and want to move and take the child with you, Washington state law may require you to do certain things first. Read this to find out what to do. #3135EN At Erin Bradley McAleer`s law firm, we have a plethora of lawyers to choose from who are up to date with Washington State`s custody laws. Moving with children is not always easy when family members do not communicate. Our legal team will speak on your behalf ensuring that all notices and objections are submitted to the right court in a timely manner. Alternatives to moving and whether you can and should also move. The UCCJA is the law that controls which court has jurisdiction (authority) to make custody and access decisions about your child. It stipulates that in most cases, when a child leaves the state, the former state is still the child`s „state of origin“ for six months after the move, as long as a parent still lives there. Any trial within the first six months of the move will likely have to take place in the old state.
If you don`t have a parenting plan and the other parent stays in Washington and files a complaint, you need to respond and be ready to go back to Washington. Does the parent have to provide a new address if they move to the same school district? Shared custody and no DV. The children are 3 years and 3 months old. If you have no objection to the child`s move, but you do not agree with the new parenting plan proposed by the moving parent, you can use this process to object. If you are a non-custodial parent and are entitled to have time with the child as part of a parenting plan, or if you have joint custody and have been informed of the other parent`s planned move, see this for general information on how to try to stop the move. Erin Bradley McAleer`s law firm has worked on various child resettlement cases in Washington State. We can give you practical advice on how to increase your chances of winning a resettlement case and educate you about your custody rights. If you have any objections to moving and are looking for a lawyer who can help you clarify your case, we are the right place to call. Contact our team today to book your first consultation for free. You must inform within five days of the date you know you are moving.
You must prove that you could not reasonably have been aware of the move in time to give 60 days` notice and that you cannot adequately delay the move. If the parents share custody and a parent wishes to leave their school district, the court has jurisdiction. Washington has a specific set of regulations (RCW 26.09.405 to 26.09.560) that make up the Child Resettlement Act (CRA). The credit rating agency provides standards that the court must follow when deciding whether or not to allow the move and what type of parenting plan should apply. Until recently, the CRA left parents with a 50/50 plan with little recourse when a party wanted to move. However, on July 28, 2019, new legislation came into force that radically changed the CRA. From now on, anyone who has a majority or substantially equal period of residence (at least 45%) and who wishes to move with children must inform any other person who has a court-ordered time with the children. This means that parents with a 50/50 parental plan must comply with the CRA. In some cases, it is also difficult for parents with more than 50% time to move. It`s no secret that real estate prices in King County are skyrocketing. In addition, the jump in employment is no longer frowned upon in this global economy and job transfers outside the state are on the agenda.
Exciting new jobs can reverse parenting in the long run. To avoid panic on both sides, it`s a good idea to learn a little more about Washington state`s resettlement laws. * „Parenting Plan“ can also mean a custody decision here. Laws relating to the relocation of children in the state of Washington state are complicated and each case is very specific to the facts. Each relocation measure proposed or requested has many dynamics. A good family law lawyer can properly assess your case and then develop a strategy that gives you the best chance of winning in court. Our lawyers who specialize in moving children to Washington have experience dealing with difficult issues like these. If you do not object within 30 days of receiving the notice of relocation, the court will authorize the move.
Changes requested in the parent`s proposed parenting plan proposed by the parent will be made. * A court that despises you more than once in a three-year period may grant custody to the other parent. Even if you could still follow the parenting plan after the move, the judge might think it was a „bad intention“ to move after the other parent objected. You may need to move your child twice if the final court order does not allow you to move the child permanently. With regard to the RFR, 122 Wn.App. 324,__ P.3d __ (Div. II 2004), a father objected to the mother`s proposal to relocate his child. There was no parenting plan.
The Court said: „. The Relocation Act requires proof that a parent`s decision is likely to be fit to move with the child. . will, in fact, be so harmful to a child that it outweighs the alleged benefits of moving into the child`s home and moving the parents. .