QUESTION
Can I move out of the county or state with a 4 year old (who isn’t enrolled in school) that has no relationship with his father?
Asked on Jul 30th, 2014 on Child Custody - Washington
More details to this question:
I have a 4 year old who absolutely does not know his father. I want to move to another state, for good reasons (Lower standard of living, better environment and a job). I really want to know what my chances are for being able to do it and would a move out of state be the same in the legal process for a move out of county (as in Skagit to Snohomish). This case and trial found abuse to me from the father and willful abandonment to the child and me.
2 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You failed to provide the relevant information - is there a parenting plan and has the father been made a legal father by the court? A Domestic Violence Protection Order does not ultimately determine the parent child relationship. I assume from what you said that that is what you have. If you have a parenting plan you must follow the relocation statute summarized in the plan and give the father notice. The notice requirement is triggered by even moving out of the school district (it doesn't matter if the child is in school yet). So yes even moving to another county would trigger it. If there is no parenting plan in place and no custody order of any sort and no order of child support, then you don't have to give notice. But if a court has made any ruling at all concerning the child, you need to follow the relocation statute.
Answered on Jul 31st, 2014 at 7:36 PM
Dave Hawkins
You may move once you give him notice of intended relocation and he doe snot object. You must give him 60 days written notice before you move.
Answered on Jul 31st, 2014 at 12:14 PM