If you don’t have a custody agreement with your former partner, and if there is no court order for visitation or parenting time, you would generally be able to move out of state with your child. Washington’s child relocation laws apply when there is already a parenting plan or court order for custody or visitation in place. Yet, without a custody agreement or court-ordered visitation, you’ll still need to be aware of how Washington’s custodial interference laws and how Uniform Child-Custody Jurisdiction and Enforcement laws might apply in your situation. In general, it’s a good idea to speak to a lawyer before you move out of state with your child when you don’t live with the child’s other parent.
In some instances, parents have no custody agreement because they were never married, separated shortly after a child was born, or the child’s other parent has very little, if any relationship with the child. Even if this is your current situation, and there is no custody agreement or visitation order in place, you may still want to consult with a family lawyer before you make your move. Moving to another state with your child even without a custody agreement or court order for visitation could still put you in violation of Washington’s custodial interference laws. If you fail to let the other parent know that you are moving and fail to provide information about how the other parent can contact his or her child after your move, you could face accusations of custodial interference. Violation of these laws can carry serious penalties including jail time.
Furthermore, the Uniform Child-Custody Jurisdiction and Enforcement Act still applies even if there is no parenting plan, meaning that Washington state would still have jurisdiction over your child should the child’s other parent open a custody case or claim parental kidnapping in Washington state.
These laws are serious and at the very least could result in great inconvenience to you and your child if you must return to Washington state to respond to a custody case, and at the very worst could result in accusations of custodial interference, interstate kidnapping, and even jail time. It is generally a good idea to speak to a family lawyer before you move whether you have a parenting plan or not.
Finally, if you do not want to let your child’s parent know where you are moving because you are leaving the other parent due to safety concerns or because of domestic violence, you’ll want to speak to a family lawyer before you move.
Regardless of whether you have a custody agreement or not, relocating with a child can be a complex and involved process. In this article, we’ll explore some of the issues that can arise if you want to move out of state with your child or if you choose to relocate with your child in state.
- Custodial Interference Laws
- Uniform Child-Custody Jurisdiction and Enforcement Act
- UCCJEA and Domestic Violence
- Relocating In State Without a Custody Agreement
- Relocating with a Custody Agreement
- Relocating In the Same School District with a Custody Agreement
- Next Steps
Custodial Interference Laws
Even without a custody agreement in place, you could still face accusations of custodial interference under Washington law RCW 9A.40.060 if you move without letting your child’s other parent know. Under this law, it is a crime to remove a child from Washington (if Washington is their home state) with the intention to deny the other parent access to the child. Because of this law, even if your child has very little contact with his or her other parent, and even if there is no custody agreement or visitation order in place, it may be a good idea to let your child’s other parent know where you plan to move and to provide information about how the other parent can contact his or her child after the move. A family lawyer can also help you navigate this problem and troubleshoot any issues that could arise.
Uniform Child-Custody Jurisdiction and Enforcement Act
The Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) is designed to offer legal clarity when child custody cases involve parents who live in different states, and to prevent a parent from kidnapping a child or taking a child to another state without the other parent’s knowledge. Because custody laws can vary from state to state, the UCCJEA offers guidance about which state’s laws would apply in an interstate custody or kidnapping case.
If you do move your child away from Washington state, UCCJEA would offer guidance about which state’s laws would apply if a custody case were initiated by your child’s other parent. In most instances, Washington would generally have jurisdiction over any custody case or interstate custody, or kidnapping case filed within six months of you and your child leaving the state. In most cases, your child would have had to live in Washington for at least six months before your move and the other parent would have to live in Washington state to claim Washington jurisdiction. Still there are provisions where UCCJEA would still allow for Washington state jurisdiction if the child’s other parent can show that the child has a “significant connection” to Washington state.
If the child’s other parent lives in Washington state and decides to seek custody, takes court action, or tries to claim custodial interference, Washington will likely continue to be considered your child’s jurisdictional “home state.” This means that if a case is opened in Washington, you may have to return to Washington to respond to any case involving child custody or custodial interference.
If you have already moved to another state with your child, and your former partner has opened a custody case in Washington, you may want to speak to a family lawyer about whether UCCJEA laws apply and whether Washington is the jurisdiction where the case should be held. There are unique situations where two states may have jurisdiction or where jurisdiction may be disputed. Finally, UCCJEA offers protections for domestic violence victims who feel that need to leave Washington state to protect their safety and the safety of their children.
UCCJEA and Domestic Violence
Domestic violence raises unique issues when a parent wants to move to another state with a child, especially when a parent moves to another state with a child and there is no custody order in place. For example, a victim of domestic violence might want to move to another state and not disclose the child’s location or their location due to safety concerns. This opens the possibility that the parent who is left behind might file a custody case in Washington state claiming parental kidnapping or parental interference. There are other complicated interstate custody cases that can arise if a perpetrator of domestic violence takes the children out of state, or where a victim of domestic violence fears that children are being abused while visiting an out-of-state parent, but these situations are outside the scope of this article.
According to the Legal Resource Center on Violence Against Women, an out of state court may have temporary jurisdiction over a custody case if the court determines that your situation constitutes an emergency. If a parent has been abused, or threatened with abuse, an out of state court may have emergency jurisdiction. In this case, the court might enter a “domestic violence protection order that includes a custody provision.” It is important to understand that this order would be temporary. If Washington has jurisdiction under UCCJEA, Washington courts would have the ultimate authority to issue custody orders or offer ongoing protection.
While parents are sometimes forced to make split-second life or death decisions in an emergency to protect themselves and their children, if it is at all possible, a parent thinking about moving out of state to protect themselves or their children from domestic violence should speak to a family lawyer.
Relocating In State Without a Custody Agreement
If you plan to move in state and don’t have a custody agreement, or court order for visitation, you probably won’t have to worry about UCCJEA, but you’ll still need to consider Washington’s custodial interference laws. You would still want to let your child’s other parent know where you plan to move and provide contact information. If you don’t plan to move far, and if you let your child’s other parent know, you may be able to move without much issue. But you may still want to speak to a family attorney, especially if you are concerned that your move might result in your child’s other parent seeking custody or a visitation arrangement.
Relocating in State with a Custody Agreement
If you have a custody agreement or parenting plan with your child’s other parent, you are required to give formal Notice of Intent to Move with Children to the other parent and any other person entitled to visitation (including grandparents or other family members entitled to visitation) within 60 days of your intended move to another school district. The Notice of Intent to Move with Children effectively acts as notice that you are asking the court to change the current parenting plan or custody order. When you file the Notice of Intent to Move with Children, you have the option of changing the parenting plan, residential schedule, and visitation schedules, or you can ask to keep them the same if you don’t anticipate that the move will interfere with visitation.
It doesn’t matter if you plan to move to another part of town, or another state—if your child will have to change school districts because of your move, you must provide the other parent, and anyone entitled to visitation, with formal notice, which will trigger revisions to the parenting plan. If the other parent or others who have visitation rights to the child object to the move, they have the right to object to the move and to changes to the parenting plan or custody order.
If your child’s other parent doesn’t object to the Notice of Intent to Move with Children within 30 days of service of the notice, the move will be permitted and your proposed revisions to the visitation schedule or residential schedule will be automatically implemented.
Moving to another school district when you have a parenting plan or residential schedule in place can become a complicated process if the child’s other parent objects to the move or to your proposed changes to the residential or visitation schedule. Moving out of a school district with children has the effect of opening negotiations about your parenting plan all over again, raising the possibility of a court battle or court-ordered mediation.
If you’re looking for a peaceful way to negotiate a move to another school district with your children and want to avoid a court battle over your parenting plan, you may want to consider using the collaborative process. With collaborative family law, both you and your partner hire your own collaborative attorneys to represent you, and both attorneys agree to work together to help you negotiate a new parenting plan and residential schedule that works for your family given your proposed move.
Moving can be stressful enough. It can be even more stressful if it includes the prospect of having to create a whole new parenting plan to make it happen. The collaborative family lawyers in Seattle, Washington at Truce Law are here to help you work through concerns your child’s other parent might have about your move and address any parenting plan changes that may need to be made.
Relocating In the Same School District with a Custody Agreement
If you have a custody agreement or a parenting plan with your child’s other parent, you are required to give notice to every person who has visitation rights (this includes grandparents if grandparents have visitation rights) if you plan to move with your child within the same school district. While you can provide notice over the phone or in person, it is often best to inform your child’s other parent in writing through certified mail so that you have a record that the letter was sent. The letter should include your new address and phone number and contact information of any new day care, medical provider changes, or any other changes that may take place because of the move.
Relocating within the same school district won’t require you to make formal changes to your parenting plan, unlike a move outside the school district. Yet, if you are concerned that your child’s other parent or others with visitation might raise concerns, you may still want to speak to a family lawyer before sending notice of your move.
Next Steps
Moving can be a stressful process in the best of circumstances. If you have a child and are not living with your child’s other parent, moving with children can raise unique challenges. Before you make a move, you may want to speak to a family lawyer about your obligations and rights.
If you do not have a parenting plan, residential schedule, or visitation schedule in place, you may have more flexibility when it comes to moving but may still have certain obligations when it comes to UCCJEA and custodial interference laws. Before you make your move, you may want to speak to a family lawyer to review your obligations and troubleshoot any potential issues that can arise.
If you have a custody agreement, residential schedule, or court-ordered visitation plan in place, moving out of your child’s school district will require you to request a change to the parenting plan from the court. While it may not be necessary for you to change visitation schedules or residential time, some moves may require these changes. Before you plan your move, or send formal notice of your intention to move, you may want to speak to a family lawyer to explore your options. Once you serve formal notice to your partner, you could put into motion a process that could potentially result in changes to your parenting plan, residential schedule, or visitation schedule. Another way forward is through the collaborative process. With the collaborative process, you and your child’s other parent can meet in private with your collaborative family lawyers to discuss your proposed move and work out an arrangement that works for your family. You can make necessary changes to your parenting plan in private and send them to the court for final approval, all without the need for a costly court fight or dispute.
If you are thinking of moving with children, reach out to the collaborative child custody lawyers at Truce Law in Seattle, Washington today. We’ll take the time to learn more about your situation, help you understand your options, and explore whether the collaborative process is right for you and your family. Contact us today.
This article is for educational purposes only and does not constitute legal advice. Every situation is unique. For guidance specific to your circumstances, consult a licensed family law attorney in your area.