Published on February 1, 2023

Noncustodial Parent Moving out of State

If your ex is the primary custodial parent of your shared children, you likely have a parenting plan that determines when you have visitation. This schedule may have worked well for you at the time of your divorce or breakup. If, however, you’re planning a move out of state, it could be a very different matter. Because there are complex legal issues involved, discussing your move with a dedicated child custody attorney in Washington is the best way of protecting your parental rights.

Residency Responsibilities of the Primary Managing Conservator in Washington

While some states designate a primary managing conservator, the State of Washington uses the term primary residential parent. This is the parent with whom the children spend the majority of their time, while the noncustodial parent has a parenting time schedule. The primary residential parent has the legal right to determine your children’s main residence. They do not, however, have the right to move out of state with your shared children without taking the matter up with the court. In fact, if your ex wants to move your children anywhere outside their current school district, they are required to notify you.

Residency Responsibilities of the Non-Primary Managing Conservator in Washington

As the non-primary managing conservator – or noncustodial parent – in Washington, you are not required to inform your ex regarding your intention to move out of state. This said, however, your ex is not required to maintain a parenting plan schedule if your move makes it unduly burdensome for them. For example, if your move renders your current parenting plan schedule unmanageable – the way a move out of state might – you’ll need to address the matter. This can be accomplished in either of the following ways:

You and your ex can resolve the matter between yourselves and file your modification with the court.
You can turn to the court for a parenting plan modification – if you’re unable to reach mutually acceptable terms on your own.

Understanding What Happens When the Noncustodial Parent Moves

As the noncustodial parent, you have the absolute right to move. In fact, you may have any number of reasons for doing so, including:

To pursue a new job opportunity
To further your education
To live closer to family
To pursue a new relationship

If, however, your move interferes with your ability to follow your current parenting time schedule – or puts undue pressure on your ex – you will need to seek a modification. If your move requires your children to travel a considerable distance, your parenting time schedule may need considerable modifications. For example, instead of having your children for regular weekend visits, you may need to have longer visits during summer break and school holidays.

FAQS

Can a noncustodial parent move out of state without notice?

Yes, a noncustodial parent can move out of state without providing the primary residential parent with notice, but there are several important considerations to keep in mind:

If the move interferes with your ability to maintain your parenting time schedule, you can be found in contempt of court.
If the move puts an undue burden on your children or on their other parent – in relation to your parenting time schedule – your ex can take the matter up with the court.

Moving out of state without giving notice, in other words, is unlikely to do you any favors. Notifying your ex of your intentions and attempting to negotiate a modification between yourselves is the best course of action. If you’re unable to find common ground, you’ll need to seek a modification through the court

How far can a parent move with joint custody?

If you and your ex share custody jointly and share parenting time equally, either of you has the right to move without obtaining a modification as long as you remain within your children’s current school district. If this is the case, however, sharing all the following with the other parent is in the best interest of everyone involved:

Your new address
Any changes to your contact info, such as if you have a new phone number
Any changes in your children’s transportation to school, such as being on a different bus route

If the move takes your children outside their current school district, you’ll need a parenting plan modification. The same is also true if either parent is moving the children farther away, including out of state.

What are geographic restrictions in Washington?

If you or your children’s other parent is considering moving outside of your children’s current school district, Washington has specific requirements in place, which are part of its objection to relocation guidelines. These requirements include notifying your children’s other parent at least 60 days before the intended move. This allows the parent who is not moving – if they are in disagreement – to resolve the issue by either negotiating a modification or seeking one through the court.

How can you pursue changes to relocate in Washington?

If you are planning a move that will affect your current parenting plan or that will make it overly burdensome for your children’s other parent to maintain it, it is in your best interest to take the following steps:

Notify your ex of your plans to move.
Attempt to negotiate a scheduling modification that works for both of you.
If you’re able to negotiate a change, file your modification with the court.
If you’re unable to reach an agreement, seek a modification through the court.

Until your parenting plan is officially modified by the court, your original orders remain in effect. This means failing to uphold your end of things can leave you in contempt of court. Further, if your move makes it too difficult for your ex to maintain the parenting plan currently in place, the court may be more inclined to modify it in accordance with your ex’s requests.

Can I move out of state with my child?

If you are the noncustodial parent, you cannot move out of state with your children. And if you move without your children but it interferes with your current parenting time schedule, you can expect the court to factor this into your ex’s request for a modification. If you are the primary residential parent or you and your spouse share custody equally, you will need to meet specific requirements before you can move out of state with your children, including:

You’ll need to notify your ex of your plan to move at least 60 days ahead of time.
If your ex is not in agreement regarding your move and seeks a modification as a result, you’ll need to defend your proposed move in court.
If your ex agrees to working out a mutually acceptable modification, you’ll need to file it with the court.

It is important to note that Washington courts base decisions that directly affect the well-being of children on their best interests. Maximizing the amount of time children spend with both parents is generally considered beneficial, which means your reason for moving out of state will need to be compelling.

Why Hire an Attorney for Child Relocation Issues and Questions in Washington

If you are facing a child relocation concern, one of the most important steps you can take is reaching out to an experienced child custody attorney early in the process.

Knows Custody Laws

Washington’s child custody laws are complex, and without professional legal guidance on your side, your parental rights could be in jeopardy. Your seasoned child custody attorney will have a thorough working knowledge of Washington’s child custody laws and will use this knowledge to help you navigate a path forward that works for you and your children.

Professionally Represents Your Side of Story

Parenting time modifications are based on the best interests of the children involved. The motivation behind your move is personal to you, and your trusted child custody attorney will help to ensure that the related benefits to your children are well represented in your case. Common examples include:

Increased earnings will allow you to be a better provider.
The move will allow your children to spend more time with members of your extended family.
The move will provide your children with enhanced educational or extracurricular opportunities.
Your new schedule will allow you to spend more quality time with your children overall

With a distinguished child custody attorney in your corner, you’ll be well prepared to defend your position – in pursuit of a favorable resolution.

It’s Time to Consult with an Experienced Washington Child Custody Attorney

If you’re considering a move out of state – or your ex is planning one – protecting your parenting time is a primary concern. At Dobbs & Young in Yakima, our compassionate child custody attorneys are committed to skillfully defending the solid rational behind your position. When your children are involved, the matter is too important to leave to chance, so please don’t delay reaching out and contacting or calling us at 509-577-9177 for more information today.