Can I move from WA to Virginia with my two year old son without his biological fathers consent? Should I get a parenting plan?

Asked about 2 years ago - Everett, WA

The father and I have never been married. Though, his name is on my son birth certificate. We since we have broken up, the father of my son has told me time and time again that does not want anything to do with my child if we are no longer together. I have a text message where he state who he is, then at the end of the message he says hes 'goodbyes' to both my son and I, leaving the message with, "teach our son how to love unconditionally." I feel that he has stated he does not want to be in his life any longer. Anytime the father and I have fought in the past the father will leave for days even weeks at a time without calling or stopping by my place to see his son. The father will only spend time with my child if we are 'together.'

Attorney answers (2)

  1. Robert Daniel Kelly

    Pro

    Contributor Level 20

    Answered . See NOTICE REQUIREMENTS AND STANDARDS FOR PARENTAL RELOCATION
    26.09.405 and subsequent statutes. http://apps.leg.wa.gov/rcw/default.aspx?cite=26...

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more
  2. Karen Christina Skantze

    Pro

    Contributor Level 9

    Answered . It depends on whether there is a court ordered parenting plan or residential schedule. If there is a court order, then you must file a Notice of Intended Relocation and a proposed parenting plan that will accommodate the long-distance nature of the move. Otherwise, if there is no court ordered parenting plan, it would be the best practice to notify the other parent of the move, at a minimum. The father does have rights to the child, and he may file a court action at any time. For this reason, I think it is always best to protect oneself and obtain a parenting plan. While the two you have never been married, you conceived a child together. Consequently, to obtain a parenting plan or residential schedule, you would file a parentage action. You should consult with an attorney about the specifics of your case to get more concrete advice and an explanation of the pros and cons for all the options available to you, including the filing of a parentage action.

    Karen C. Skantze practices in the State of Washington. The response is limited to her understanding of law in the... more

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