Can You Relocate With Children After Divorce? Legal Barriers and Exceptions
The end of a marriage is challenging for any family, but the challenges don't always stop once the divorce is finalized. When one parent wishes to relocate with their child, it can create a situation that is fraught with emotions, questions, and concerns. If you're facing this situation as a parent, we know how much you care about your child’s stability, future, and happiness.
On the other hand, if you're concerned about your co-parent relocating, you're likely worried about maintaining your bond with your child and staying actively involved in their life. These emotions are normal, and the legal questions are equally significant.
At Columbia Family Law Center, we’ve seen firsthand how these situations can deeply affect families. For over 30 years, we’ve helped parents across Washington, including those in the greater Tacoma area and the Puget Sound region.
Our goal is to provide clarity and support as you face decisions about relocation after a divorce. Whether you’re the parent planning to relocate or the one opposing the move, understanding Washington law is the first step toward finding a resolution that prioritizes the well-being of your children.
The Relocation Process in Washington State
Relocation cases are often emotionally charged because they involve balancing the rights and needs of both parents with the children's best interests. Washington state has specific laws in place to address these circumstances and create a fair and reasonable way for parents to handle potential moves while keeping a child’s best interests at the forefront.
Under Washington state law, the parent with primary custody or significant residential time cannot simply pick up and move with their child. Instead, they must comply with the state’s relocation statute, which outlines specific steps to be taken before a move. Fundamentally, the relocating parent must provide written notice to the other parent, often referred to as a “notice of intended relocation.”
This notice must include essential details, such as the proposed new address, the intended moving date, and the reasons for relocating. The non-relocating parent can file an objection with the court if they disagree with the move. This statutory requirement applies even when the existing parenting plan does not address relocation, so both parents have a voice in the process.
Exceptions to the Notice Requirement
While the law requires notice in most cases, there are exceptions. For example, notice may not be required if the relocating parent is moving to escape domestic violence. Additionally, in instances where safety is at risk or if the move involves a very short distance that doesn’t significantly affect parenting time, the court may waive the notice requirement.
Understanding whether you’re required to give notice or whether an exception applies is an important part of navigating a relocation case. If you’re unsure, speak with a family law attorney who is familiar with Washington state laws and can help you determine your legal obligations and rights.
Can the Other Parent Prevent the Move?
When the non-relocating parent files an objection with the court, it sets the stage for a legal proceeding where both sides can present their case. Washington courts will consider various factors when determining whether to approve or block a relocation. These include, but are not limited to:
The child’s relationship with both parents, and how the proposed move may affect those bonds.
The reason behind the move and whether it’s being made in good faith.
The potential benefits of the move, such as access to better educational opportunities or proximity to extended family.
The impact a relocation would have on the other parent’s ability to maintain meaningful contact with the child.
The willingness of the relocating parent to promote an ongoing relationship between the child and the other parent.
Ultimately, the court’s decision will depend on what it believes is in the child's best interests. Relocation cases are rarely black-and-white. Instead, they typically involve deeply personal and complicated circumstances. Even if the court allows the relocation, adjustments to any existing parenting plan may be necessary to accommodate the new arrangement.
How Washington Courts Determine the Child's "Best Interests"
The phrase “best interests of the child” is at the heart of every relocation case. Washington state courts focus on a child’s emotional, physical, and developmental needs when evaluating whether a move aligns with the child's best interests. While each case is unique, judges strive to strike a balance that minimizes disruption and preserves relationships.
For example, if a parent is moving for a job opportunity that would provide enhanced financial stability and new opportunities for the child, that can weigh in favor of approving the relocation. However, maintaining continuity in schools, extracurricular activities, and familial relationships may argue against the move. Judges are tasked with looking at the full picture, not just the immediate or surface-level impact.
Support for Military Families
Military families often contend with additional relocation challenges due to deployments, reassignments, or other service-related obligations. At Columbia Family Law Center, we are honored to assist military families throughout Washington by offering not only compassionate guidance but also a 25% discount on our services. We understand the unique pressures military families face, and we are dedicated to helping you protect your rights and maintain the stability your children deserve.
Contact Us Today for Compassionate Family Law Assistance
Whether you require help drafting a relocation notice, filing an objection, or advocating for your child’s best interests in court, we are here to guide you through every step of your relocation case. At Columbia Family Law Center, our experienced attorneys are committed to creating solutions that align with your priorities and protect your parental rights.
With offices in Federal Way, Tacoma, and Bellevue, Washington, we are well-positioned to serve families across the state. If you’re facing a relocation dispute or have questions about your rights as a parent, don’t hesitate to contact us. We are here to provide clarity, support, and legal strength so you can move forward confidently.
