Child Custody Relocation in Washington State

Adults in the United States have a constitutional right to move. But when a divorced parent wants to move away with a child, that can make it difficult for the other parent to maintain a strong parent-child relationship. Similarly, when parents have about the same amount of time with their kids (traditionally called joint physical custody), that shared parenting arrangement would no longer be practical if one of them moves to another city or state. That's why Washington State has strict requirements for some parental relocations.

The Basics of Child Custody in Washington

Under Washington's child custody laws, parents who divorce must either agree to a parenting plan or have a judge decide on a plan for them. Among other things, the parenting plan must include a "residential schedule" of the days when their children will stay with each parent throughout the year. (Wash. Rev. Code § 26.09.184 (2024).)

Either parent may seek to change their existing parenting plan in Washington, but they'll need to prove that there's been a substantial change in circumstances and that a modification in the plan is necessary for the child's best interests. Except for minor changes in the parenting schedule, judges will generally keep the existing residential schedule except in limited circumstances—including when the parents have agreed to a change. (Wash. Rev. Code § 26.09.260 (2024).)

When Washington Parents Must Give Notice Before Moving

Washington State's notice requirements apply to relocations by parents who have their children living with them most of the time or have roughly equal residential time with their kids. These parents must give notice to anyone with court-ordered residential time or visitation with the children. (Wash. Rev. Code § 26.09.430 (2024).)

The details of the requirements vary depending on how far the parent plans to move, as well as certain other circumstances.

Notice Requirements Before Moving Outside of the Child's Current School District

A parent with primary or equal residential time must give the other parent written notice before moving outside of the child's current school district. The notice must be delivered through what's known as "service of process" or mailed through a method that requires a return receipt.

Generally, the other parent must receive the notice at least 60 days before the planned move. But there are exceptions in certain circumstances:

• Five days' advance notice is allowed if the parent didn't know (and couldn't have known) any sooner about the move, and it wouldn't be reasonable to delay the relocation.
• The notice may be delayed for 21 days when the parent is entering a domestic violence shelter or is moving to avoid a clear, immediate, and unreasonable risk to the parent's or child's health or safety (more below on waived requirements in these situations).

The notice must include certain information, including:

• the reasons for moving
• the date of the planned move
• the address where the parent will move (or as much as the parent currently knows, such as the city and state)
• if applicable, the child's new school and daycare facility
• a proposed parenting plan with a revised schedule for visitation or residential time, and
• information on how and when to object to the move (more on that below).

(Wash. Rev. Code §§ 26.09.440, 26.09.460 (2024).)

Notice for Short-Distance Moves

Washington's notice requirements are looser when a parent plans to move within the same school district where the child currently lives most of the time. Instead of the formal written notice for longer moves (described above), the moving parent may simply let the other parent know about the planned move "by any reasonable means." (Wash. Rev. Code § 26.09.450 (2024).)

Do Parents Have to Give Notice of Relocations in Domestic Violence Cases?

In addition to allowing a delay in the timing of the notice when the moving parent or child is in danger (discussed above), Washington law allows parents to ask the court to waive all or part of the notice requirements when they believe that notifying the other parent—or disclosing certain information in the notice—would put them or their child at risk.

A judge will hold a hearing (without the presence of the other parent) to decide whether it's necessary to limit the information in the notice or waive the notice requirement completely. However, the other parent will still have the right to object to the planned move or the proposed revision to the current residential schedule (more on those objections below).

(Wash. Rev. Code § 26.09.460 (2024).)

Penalties for Not Complying with the Notification Requirements

Washington judges may impose sanctions on any parent who doesn't follow the state's notice requirements. Those sanctions could include:

• finding the moving parent in contempt of court, which could lead to fines or even jail time
• requiring the moving parent to pay the other parent's legal fees and court costs, or
• ordering the parent to move the child back to the original location in Washington or to the other parent's home.

Before ordering sanctions, however, the judge will consider any relevant circumstances, including whether the failure to give notice substantially harmed the other parent.

(Wash. Rev. Code § 26.09.470 (2024).)

When Parents Can Object to a Planned Move

As with the notice requirements, a parent's right to object to the other parent's relocation depends on the distance of the move.

Objections to Relocations Outside of the Child's School District

Once you've received notice of your co-parent's planned relocation outside of your child's current school district, you have the right to object. You'll need to file your objection with the court (and serve your co-parent with a copy) within 30 days after receiving the copy of the notice. You may also file an objection if you've learned about the move but didn't receive proper notice.

You'll need to explain why you object to the move, including why you believe that the relocation would cause the children more harm than any potential benefit. As part of your objection, you may request a modification of your current parenting plan if the judge allows the move. A judge will decide whether to allow the move after considering certain factors (discussed below).

If you don't file an objection within 30 days, the other parent will generally be allowed to move unless you had a good reason for not objecting in time. You'll be entitled only to the residential time or visitation that's spelled out in the proposed parenting schedule that was included with the notice.

(Wash. Rev. Code §§ 26.09.480, 26.09.500 (2024).)

Can You Object to Short-Distance Relocations?

You don't have the right to object when your co-parent plans to relocate within the child's current school district. You do have the right to request a change in your current parenting plan based on the move, but you would need to meet the strict requirements for a modification (discussed above).

(Wash. Rev. Code § 26.09.450 (2024).)

What Do Judges Look at When Deciding Relocation Cases?

When a parent has objected in time to a proposed relocation, a judge will decide whether to allow the move. The standards for making that decision depend on the parents' residential schedule:

• When the child or children primarily live with the parent requesting the move, Washington law presumes that the judge will allow the move. It's then up to the objecting parent to overcome that presumption by showing that the move will have a negative effect that outweighs any benefit for the child and the relocating parent.
• When the parents have substantially equal residential time (meaning the child spends at least 45% of the time with each parent), there's no presumption for or against the move. The judge will simply decide what's in the child's best interests.

Either way, the judge must consider a list of factors when making a decision, including:

• the child's relationship with each parent, siblings, and other significant people in the child's life
• the parents' reasons for seeking or opposing the move
• the child's age and needs, as well as the likely impact of the move (or of preventing the move) on the child's development
• the quality of life, resources, and opportunities available to the child and the moving parent in the current and proposed locations
• whether there are alternatives to the relocation or, if the move is allowed, other arrangements that could help maintain the child's relationship with the nonmoving parent
• whether disrupting the child's contact with the moving parent contact would harm the child more than disrupting contact with the nonmoving parent
• the financial impact and logistics of allowing or preventing the relocation
• any previous agreements that the parents had (such as a provision in their divorce settlement agreement dealing with any future relocation), and
• whether either parent's decision-making authority or parenting time has been restricted because of abuse, domestic violence, abandonment, or certain sex offenses.

Before deciding whether to allow the move, the judge may not consider whether:

• the parent who's requesting the relocation will give up the moving plans and stay put if the judge doesn't allow relocating with the child, or
• the opposing parent will decide to move along with the other parent and the child if the judge allows the relocation.

However, the judge may review evidence about these issues after deciding to allow or prevent the relocation, if other parenting issues need to be addressed—such as whether the existing parenting plan needs to be modified.

(Wash. Rev. Code §§ 26.09.520, 26.09.525, 26.09.530 (2024).)

Reaching Agreements on Relocating Children

Whether you're planning to move with your children or are concerned about how your co-parent's planned relocation will affect your relationship with the kids, you always have the option of trying to agree on a change to your current parenting plan. Agreements avoid expensive, time-consuming, and stressful court battles. If you can't reach an agreement on your own, custody mediation can often help.

Once you've agreed on a new parenting plan, you'll need to submit it to the court along with a modification request. But judges generally approve parenting agreements as long as they appear to be in the child's best interests.

Getting Help With Relocation Requests

You can download the necessary forms for relocations (including the notice, objection, and attachments) from the Washington Courts Notice of Intent to Move With Children webpage.

However, if you and your co-parent can't agree about a proposed move, you should know that contested relocation proceedings in court can be complicated. An experienced local family law attorney can evaluate your case, advise you on the best way forward, and help you gather the right kind of evidence to support your position in court.