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Does the Custodian Parent need to file a motion for parenting plan when moving out of state?

Seattle, WA |

The Custodian Parent is going to move to a different statement with the child. There is a parenting plan, does she need to file a motion to modify the parenting plan in King County Superior court first before moving? Or she can just move without filing. I understand I can file an objection if needed.

Attorney Answers 2


  1. She needs to comply with the relocation statute which requires 60 days written notice prior to the move. If she fails to comply, you need to file a motion restraining the move and perhaps a Petition to modify the PP. You should not try to do this alone -- it can be procedurealy complicated.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements


  2. Normally the custodial parent is not allowed to move to another state without following the notice provisions of the Relocation Act. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on relocation for more information about the legal issues raised by your inquiry. Please keep in mind that although these Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. Click on my photo. On my AVVO home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”.

    This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes

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