What happens if non-custodial parent submits objection in response to intent to relocate?

Asked over 1 year ago - Port Orchard, WA

My new spouse had to talk a job on the other side of the state. She and my newborn moved already. I am waiting the 60 days. What is the process if my daughter's mother (non-custodial) objects?

Attorney answers (2)

  1. Dave Hawkins

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . ) A party objecting to the intended relocation of the child or the relocating parent's proposed revised residential schedule shall do so by filing the objection with the court and serving the objection on the relocating party and all other persons entitled by court order to residential time or visitation with the child by means of personal service or mailing by any form of mail requiring a return receipt to the relocating party at the address designated for service on the notice of intended relocation and to other parties requiring notice at their mailing address. The objection must be filed and served, including a three-day waiting period if the objection is served by mail, within thirty days of receipt of the notice of intended relocation of the child. The objection shall be in the form of: (a) A petition for modification of the parenting plan pursuant to relocation; or (b) other court proceeding adequate to provide grounds for relief.

    (2) Unless the special circumstances described in RCW 26.09.460 apply, the person intending to relocate the child shall not, without a court order, change the principal residence of the child during the period in which a party may object. The order required under this subsection may be obtained ex parte. If the objecting party notes a court hearing to prevent the relocation of the child for a date not more than fifteen days following timely service of an objection to relocation, the party intending to relocate the child shall not change the principal residence of the child pending the hearing unless the special circumstances described in RCW 26.09.460(3) apply.

    (3) The administrator for the courts shall develop a standard form, separate from existing dissolution or modification forms, for use in filing an objection to relocation of the child or objection of the relocating person's proposed revised residential schedule.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This... more
  2. Frank L. LaBare

    Contributor Level 11

    Answered . If an objection to relocation has been filed, then the court will have issued a case schedule to resolve this matter. The court has the authority to enter a temporary relocation order. The relocation statute is fairly complex, and I would suggest sitting down with an experienced family law attorney to work out a plan to achieve your goals.

    www.maplevalleylegal.com This page does not constitute legal advice. These pages do not constitute, nor do they... more

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