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

Asked about 1 year ago - 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. Dave Hawkins

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  2. Bruce Clement

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more

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