I live in Washington state. I want to move to a neighboring county, about 1 hour away. The current parenting plan states that I am the sole legal guardian and my ex has visitation rights, but only if they’re seeking treatment for their drug addiction. They haven’t been in treatment for 2 years and rarely reach out to see or speak to our child. Am I still obligated to notify them and the court of my intent to move? How could I expect it to go?
I moved 41 minutes away from my ex. I have sole legal and physical custody. Email the dude a month beforehand and give him the address. Request a read receipt when you send it.
He’d likely lose in the final outcome, but yes, you have to notify him that you have an intent to relocate. If you don’t want him to know where, there is relief you can apply for. It’s his right to know that his kid is moving. If you’re unrepresented, talk to the superior court clerk’s office for a family law facilitator to make sure you fill out the right forms. Notices of intent to relocate are usually filed under seal.
You are required to give notice if you are moving out of the child’s school district. The other party has 30 days to object. If they don’t object, then the court will issue an order allowing the relocation. If they do, then it’s an entire process that you’d be wise to have counsel assist you with. Also, ‘notice’ is very particular, so either read the statute carefully or contact an attorney.
There is a lot of good info. It looks like Washington law says if you have a parenting plan that grants visitation rights, yes you have to file the notice of intent to relocate. I think it will go fine for you because the court presumes you, as the custodial parent, should be allowed to relocate and the noncustodial parent has the burden to prove why you shouldn’t be allowed to.
What does your court order say?