23 Mar Protecting Father’s Rights During a Relocation Case
You have put a lot of effort into maintaining a meaningful relationship with your kids after your divorce. You show up every week, every weekend, and every holiday you are scheduled. Then one day, you receive notice that your ex plans to move with your children to a different school district or out of state. This is an understandably upsetting situation, and you might feel like you do not have leverage as the male parent.
At LaCoste Family Law, we believe that protecting a father’s rights during a relocation case is important. Here, we walk through what you need to know about the relevant Washington State laws and how to proceed with legal guidance.
Washington’s Relocation Laws Work on Tight Deadlines
Your ex must give you at least 60 days’ notice before moving to a different school district with your children. This notice comes through a formal document called the Notice of Intent to Move with Children. Your ex must serve this either by personal delivery or certified mail with a return receipt.
Once you receive the notice, you have exactly 30 days to file an objection. Miss this window, and your ex can move forward with the relocation. Your objection must go through the court and get served properly.
You Have Real Grounds To Object
Washington State courts do not automatically side with the relocating parent. The court examines many factors, such as these:
- Your involvement in your children’s lives: Regular attendance at school events, medical appointments, and extracurricular activities matters.
- The reason for the move: Courts look skeptically at moves that seem designed primarily to interfere with your parenting time.
- Impact on your relationship: How will this distance affect your ability to maintain a strong bond with your kids?
- Your children’s connections: Their friends, school, extended family, and community ties all weigh in the analysis.
In the Event of a Successful Relocation
Sometimes, you cannot prevent a relocation from happening. Or you perhaps do not object to the relocation but rather the parenting plan terms your ex proposed alongside the relocation. In either case, you can protect your parental rights to continue maintaining a relationship with your children.
The relocating parent must propose a new parenting plan alongside the notice of intent. You should respond with your own proposal that protects your time. Think about the following:
- extended summer and holiday visitation
- regular video calls and communication schedules
- travel cost responsibilities
- midpoint meeting arrangements
Get Legal Counsel
Protecting a father’s rights during a relocation case is most effective when handled by lawyers. The moment you receive a relocation notice, contact a father’s rights attorney in Washington State who knows the local procedures. At LaCoste Family Law, we will hear your case and work alongside you to secure the best possible outcome for both you and your children.