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My fiance is the custodial parent and we are wanting to move 1 hr away to be closer to my family. will this be permited?

Asked over 2 years ago - Walla Walla, WA

My fiance has always been the custodial parent. We are wanting to start having more kids and I have a larger and more supportive family than he does here where we currently live. I already have a job where we are wanting to relocate to. Is this move likely to be permitted by the courts? His ex does have visitation currently.

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Attorney answers (3)

Jonathan William Milstein

Reputation Level 11

Answered over 2 years ago. Elder Law Attorney in Bellevue, WA.

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The terms of the parenting plan may dictate whether a move is allowable. It is likely not addressed so the real question will have to do with visitation and the interruption this move may present. The terms of the visitation may need to be modified to accommodate the increased dstance.

I am assuming the move is within the same state as there are specific rules one must follow if moving out of state.

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Shawn B Alexander

Reputation Level 19

Answered over 2 years ago. Real Estate Attorney in Olga, WA.

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There are forms that will help you get started; I have pasted a link below;

http://www.courts.wa.gov/forms/

At the very bottom left hand side of the page you will see a section called child relocation.
Those forms will give you an idea of what you will need to change the parenting plan if necessary.

Good Luck

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Elizabeth Rankin Powell

Reputation Level 20

Answered about 2 years ago. Family Law Attorney in Tacoma, WA.

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The Washington Relocation Act applies any time that the primary parent wants to move out of the child's current school district. The suggestion that you review the forms is good; they reference statutes, and you will want to review the statutes, as well. As for whether the court will permit the move or not - well, you should look up other cases, see what your court has been doing with relocations. They are very fact specific, and there is not a large body of caselaw interpreting the statutes yet, so courts are still making decisions regarding relocation without a lot of appellate direction.

Best of luck with this. Elizabeth Powell

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