Are you considering relocating with your child, or have you received notification of a proposed relocation from the other parent of your child? In that case, you need to know what to expect, what your rights and options are, and how to proceed to protect the best interests of yourself and your children.
You can rely on a Seattle relocation with children lawyer from our team at Dellino Family Law to explain this process and what steps you need to take. Our team has over 180 years of combined experience that we can use to assist with your legal needs.
You can rely on a Seattle parenting plan modifications lawyer to guide you through the legal process, providing the dedicated support you need in this challenging time.
Why Hire a Relocation With Children Lawyer in Seattle?
Washington law has a specific process and set of statutes that govern issues related to relocation with a child, including each party’s rights and responsibilities. These statutes are also known as the Relocation Act, and an attorney can help you understand all the implications of this law.
The relocation process can be emotionally charged, complicated, and extremely stressful. Whether you are proposing relocation or objecting to a relocation proposal, you will need to work closely with a knowledgeable Seattle family lawyer who will help you fight for the best interests of yourself and your child(ren).
Decisions you make early on in this process can strongly affect the outcome of your case, making it vital that you involve us as soon as possible. Our family law attorneys are experienced and well-equipped to help navigate your unique situation.
What You Need to Know About Relocation With Children
For many different reasons, a parent may decide to move and relocate their child(ren) in the process. It may have to do with a job relocation or promotion, or it may be related to a divorce or separation and subsequent desire to move closer to extended family.
For any reason, when the primary residential parent decides to move and relocate the children, the other parent has a right to get notice of the proposed relocation and an opportunity to object. This notice is a legal requirement, regardless of whether you believe the other parent will agree with the move.
Our legal team can provide legal counsel during this challenging time. You can take charge by turning to a relocation with children attorney in Seattle.
The Process of Notice
If you are the primary residential parent intending to move and relocate the child(ren), you must give the other parent at least a 60-day relocation notice. If you are given less than a 60-day notice of your move, for some unforeseen reason, you must provide a formal notice to the other parent within five days of becoming aware of it.
If your move is a far enough distance that it will disrupt the existing parenting plan, you must also file a proposed new parenting plan to replace the existing one.
The Process of Objection
The other parent has 30 days to file an objection with the court. The court clerk then sets a trial date, which could be around four months out. There may be a preliminary hearing. The relocation will be permitted if the other parent does not file an objection within 30 days.
If they file a timely objection, the primary residential parent may not relocate the children until after a hearing on the objection.
If the move is within the child’s current school district or if there is not yet any Parenting Plan or child custody court orders, the Relocation Act does not apply.
Legal Presumption and Opposition
There is a presumption in Washington State that a relocating primary residential (custodial) parent will be permitted to relocate the children unless the objecting parent can present evidence that outweighs this presumption.
The objecting or noncustodial parent must demonstrate that the detrimental effect of the relocation overcomes the benefit of the change to the child and the relocating person, based on eleven statutory factors.
The factors listed are not weighted, and you should not draw an inference from the order in which the court lists them.
Reasons to Pick Us to Assist With Your Legal Needs
Our team at Dellino Family Law understands how to handle difficult matters relating to the relocation process. We can use our experience to answer your questions and explain all available options in your situation.
You can rely on our legal team to quickly assess your situation. We grasp the ins and outs of relocation law and use our knowledge to provide personalized assistance. We have ample experience and we are fully ready to assist you during the legal process.
Factors That Influence Relocation Decisions
Numerous factors may influence the court’s decision regarding relocation with children in Washington State. For example, the legal system may review the reasons for the intended relocation.
Legally acceptable reasons may include a financial opportunity in a new location or a job opportunity in a different city. However, if a parent objects, the court may disallow the relocation. Filing an objection to relocation can prove difficult if you do not have professional help on your side.
If the court accepts relocation because it outweighs potential downsides, you may need to work with your attorney to develop long-distance parenting plans that work for both the primary and non-primary parent. You can learn more by reaching out to a parenting plan attorney today.
Talk to Us About Relocation With Children in Seattle
You can get professional help from a Seattle relocation with children attorney from our team at Dellino Family Law. We can explain the options available in this situation and review alternatives to relocation when appropriate.
We can explain how to give proper notice about a move and explain the possible options for a non-relocating parent.
You can learn more about the process and the steps you need to take by calling or completing our online form today.