The non custodial parent is hiding so he can't be served relocation of a child and a new parenting plan. What can I do?

Asked almost 4 years ago - Spokane, WA

Trying to move out of state for family, & work.
I have an education being a nail tech but can further my schooling and employment in the state I am choosing to move to. I don't have sixty days but I let him know within twelve hours of me knowing falling under the five days of me knowing about the move. The money I have is intended for the move, rent, cost of living for two+ mnths. Being I don't have a job in Washington it will cost me more to stay here, fight this and save to relocate. I have everything ready to go just need the state to okay the move. The father of my child is prolonging this process just because he doesn't want to get served, just because he doesn't want her to leave and I get that but I am only trying to do whats best for my family and our future.

Attorney answers (2)

  1. Bruce Clement

    Pro

    Contributor Level 19

    Answered . You say you notified the father within 12 hours of learning of your opportunity. Was it a formal notice per the statute? If so, he must file an objection in court. If you follow the statue, and he fails to object as required, you may be able to move. You should consult with an experienced family law attorney about this.

    DISCLAIMER: This 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 privilege between you and the attorney responding. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this answer is general in nature, may not apply to the factual circumstances described in your question, and may be different in the State where the 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.

  2. Michael A. Aronoff

    Contributor Level 12

    Answered . As Mr. Clement points out, the next move is up to him if you have given statutory notice. That is, if the non moving party fails to object and follow the procedures in a timely manner, you may be free to leave. If the nonmoving party does properly object, the Court might still allow a relocation, temporarily, pending a trial on the issue. Trials are generally set on an expedited basis.

    You should discuss this matter with local counsel, The Relocation Act has very specific time limits and you will want to be fully aware of those.


    This posting is not intended to be specific legal advice, but only a statement on general legal principles.

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