What If One Parent Wants to Move Out of State?

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Life is full of changes, and sometimes those changes involve a new job, a new relationship, or a desire to be closer to family in another state. If you share custody of a child, however, a potential move becomes much more complicated.

When a parent wants to move out of state with their child, they cannot just pack up and leave. They must follow a specific legal process. Both Washington and Idaho have laws in place to protect the child’s relationship with both parents, meaning the moving parent must provide formal notice and potentially get court permission, especially if the other parent disagrees with the relocation.

Key Takeaways: What Happens When One Parent Wants to Move Out of State

A parent cannot simply move out of state with a child without following specific legal procedures, especially if a court-ordered parenting plan is in place.
The process, known as relocation, requires the parent who wants to move to give formal, written notice to the other parent.
If the non-moving parent objects to the relocation, a judge will decide based on a set of factors that prioritize the child’s best interests.
The laws and specific factors a court considers for child relocation differ between Washington and Idaho.
Successfully navigating a relocation case, whether proposing or objecting to a move, often involves mediation or court proceedings to establish a new parenting plan.

Understanding Child Relocation Laws in Washington and Idaho

When a parent with a custody order wants to move a significant distance, it’s not just a personal decision—it’s a legal event called a “relocation.” Both Washington and Idaho have specific statutes to handle these situations. The core idea behind these laws is to ensure that a move doesn’t unfairly interfere with a child’s right to have a meaningful relationship with both parents.

Before we dive into the specifics of each state, it’s important to understand the document at the heart of these matters: the parenting plan (or custody order). This is a legally binding court order that outlines where the child lives, how much time they spend with each parent (visitation), and how major decisions are made. A proposed move out of state almost always requires changing this plan.

The process begins differently depending on which side of the state line you’re on, from Spokane to Coeur d’Alene. Washington has a very structured “Relocation Act,” while Idaho’s process is guided by the overarching principle of the “best interests of the child.”

The Legal Process When a Parent Wants to Move Out of State in Washington

In Washington, the law is very clear. The state’s Relocation Act (RCW 26.09.430) sets out a formal procedure that must be followed. The parent who wishes to move with the child must provide proper written notice to the other parent and any other person with court-ordered visitation time.

This notice must be delivered personally or by mail with return receipt requested at least 60 days before the intended move.

The notice must contain specific information, including:

The intended new address and phone number.
The specific reasons for the proposed move.
A proposed new residential schedule or parenting plan for the child.

Once the non-moving parent receives this notice, they have 30 days to file an objection with the court. If they don’t object within that timeframe, the court will likely approve the relocation and the proposed new parenting plan.

What the Court Considers in Washington

If an objection is filed, the decision falls to a judge. The parent wanting to move has the initial responsibility to show the court that there is a valid reason for the move. After that, the judge will weigh a series of factors to decide whether to allow the relocation. The court does not give preference to either parent and bases its decision on the child’s best interests.

Under Washington law, the court must consider at least these 11 factors:

The relative strength, nature, quality, and extent of the child’s relationship with each parent and other significant people in the child’s life.
Any prior agreements between the parents.
Whether disrupting the contact between the child and the parent who wants to move would be more harmful than disrupting contact with the non-moving parent.
Whether either parent has a history of limiting the other’s time with the child.
The reasons each parent has for seeking or opposing the move, considering if the reason is valid and in good faith.
The age, developmental stage, and needs of the child.
The quality of life, resources, and opportunities available for the child and the moving parent in the current and proposed new locations.
The availability of alternative arrangements to foster and continue the child’s relationship with the non-moving parent.
The alternatives to relocation, and whether it is feasible and desirable for the non-moving parent to relocate as well.
The financial impact and logistics of the relocation or its prevention.
Any evidence of domestic violence, abuse, or a history of conflict.

After reviewing these factors, a judge will make a final decision that they believe serves the child’s well-being above all else.

Navigating a Move-Away Case in Idaho

Across the border in Idaho, the process when a parent wants to move out of state is also centered on the child’s welfare, but the statutes are structured a bit differently. Idaho does not have a separate “Relocation Act” like Washington. Instead, relocation cases are treated as a significant modification to the existing custody order.

The guiding principle for any custody decision in Idaho is the “best interests of the child,” as outlined in Idaho Code § 32-717. The parent wishing to move must file a petition with the court to modify the custody order, demonstrating that there has been a “material and substantial change in circumstances” and that the move is in the child’s best interest.

Factors in an Idaho Relocation Decision

In an Idaho court, the judge has broad discretion to determine what is best for the child. They will look at all relevant factors, including a specific set laid out in the state code.

The wishes of the child’s parent or parents.
The wishes of the child, depending on their age and maturity.
The interaction and relationship of the child with their parents, siblings, and any other person who significantly affects their best interest.
The child’s adjustment to their home, school, and community, whether in Coeur d’Alene or elsewhere.
The character and circumstances of all individuals involved.
The need to promote continuity and stability in the life of the child.
Any history of domestic violence.

In a relocation case, the judge will heavily weigh how the move impacts the child’s stability and their ability to maintain a strong bond with the non-moving parent. The moving parent must present a compelling case that the benefits of the move for the child outweigh the negative effects of being farther away from the other parent.

What if the Other Parent Objects to the Move?

It is very common for the non-moving parent to object to the relocation. An objection is not the end of the conversation; it is the formal start of the legal process to resolve the dispute. When an objection is filed, neither parent should take matters into their own hands. Moving with the child without court permission could have serious legal consequences.

Once an objection is filed, the case will proceed through the court system. Here are the typical steps involved:

Temporary Orders: The court may issue temporary orders that prevent the child from being moved until a final decision is made. These orders will also set a temporary schedule for visitation.
Mediation: Many courts in both Washington and Idaho will require parents to attend mediation. A neutral third-party mediator helps the parents try to reach a compromise and create a new long-distance parenting plan that works for everyone. If an agreement is reached, it can be submitted to the court for approval.
Discovery and Evaluation: If mediation fails, the case moves toward a trial. During this phase, both parents may gather evidence to support their positions. This can include financial records, school information, and testimony from witnesses. The court might also appoint a guardian ad litem (GAL) or custody evaluator—a professional who investigates the family’s situation and makes a recommendation to the judge about what is in the child’s best interest.
Trial: If no agreement can be reached, a judge will hear evidence and testimony from both sides at a trial and then make the final ruling. The judge can either grant the relocation, deny it, or grant it with a completely new parenting plan.

This process can be emotionally draining, and the outcome is never certain. Having a clear understanding of the steps involved can help you prepare for what lies ahead.

Practical Steps for the Moving and Non-Moving Parent

Whether you are the one proposing the move or the one responding to it, being proactive and organized is essential. Your actions can significantly impact the outcome of your case.

If You Are the Parent Who Wants to Move Out of State

If you are planning a move, your focus should be on demonstrating how the relocation will benefit your child and how you will actively support their relationship with the other parent.

Review Your Parenting Plan: Read your current custody order carefully to understand any existing restrictions on moving.
Provide Proper Legal Notice: Follow your state’s rules for formal notification to the letter. Failing to do so can seriously jeopardize your case from the start.
Gather Your Evidence: Be prepared to explain your reasons for the move. Collect documents related to your new job offer, information about the new community’s schools, and details about the support system (like family) you’ll have in the new location.
Propose a Realistic Long-Distance Plan: Don’t wait for the other parent or the court to figure out logistics. Propose a detailed new parenting plan that includes travel arrangements, virtual visitation (like video calls), and extended summer or holiday visits to show you are committed to co-parenting.

Your preparation shows the court that you have thought through the impact on your child and are acting in good faith.

If Your Child’s Other Parent Wants to Move

Receiving a relocation notice can feel devastating. It’s important to respond thoughtfully and within the legal deadlines.

Read the Notice Carefully: Pay close attention to the details of the proposed move and the deadline for filing your objection. Missing this deadline could mean you lose your right to challenge the move.
File a Timely Objection: If you do not agree with the move, you must formally file an objection with the court.
Document Your Concerns: Think specifically about how the move would negatively affect your child. Consider the loss of their school, friends, and community, and especially the impact on your parent-child relationship.
Focus on the Child: While your feelings are valid, frame your objections around your child’s best interests. Explain to the court why maintaining the current arrangement is better for their stability and well-being.

Responding strategically is key to ensuring your voice is heard and your relationship with your child is protected.

The Importance of a Detailed Long-Distance Parenting Plan

If a relocation is approved, the old parenting plan is no longer practical. A new, comprehensive long-distance parenting plan becomes the roadmap for your co-parenting relationship. A vague or poorly drafted plan can lead to constant conflict and confusion down the road.

A strong long-distance plan should address several key areas:

Travel and Transportation: Who is responsible for transporting the child for visits? Who pays for flights or gas? The plan should specify airports, unaccompanied minor rules, and exchange locations.
Visitation Schedule: The schedule will need to be creative. It might include extended time during summer break, the entire winter vacation, or alternating spring breaks.
Virtual Communication: The plan should set clear expectations for regular contact through video calls, phone calls, and texts. It can specify the frequency and timing of these check-ins.
Access to Information: The non-custodial parent should still have the right to access school and medical records and be involved in major decisions.
Flexibility: Life happens. A good plan will include a method for resolving disagreements or making minor changes without having to go back to court.

Creating this plan can be challenging, but it is a critical tool for helping your child maintain a strong, loving bond with both parents, no matter the distance.

FAQs: What If One Parent Wants to Move Out of State?

Here are answers to some other common questions that arise when a parent wants to move out of state with a child.

What happens if a parent moves out of state without permission?

Moving a child out of state in violation of a court order can have severe consequences. A judge could order the immediate return of the child, hold the moving parent in contempt of court (which can lead to fines or jail time), and could even modify the custody order to make the non-moving parent the primary residential parent.

How much weight does the child’s preference have in the decision?

In both Washington and Idaho, a judge may consider the wishes of a sufficiently mature child. There is no magic age when a child’s opinion becomes decisive. A teenager’s well-reasoned preference will carry more weight than a young child’s. However, the child’s preference is just one of many factors, and the final decision will always be based on the judge’s determination of their best interests.

What if the move is due to a military deployment or transfer?

Military families face unique challenges. There are specific state and federal laws, like the Servicemembers Civil Relief Act (SCRA), that provide protections for military parents. A parent cannot use a deployment as a permanent reason to change custody against the service member, but temporary arrangements must be made to ensure the child’s care while the parent is away.

Planning Your Family’s Future with Confidence

When a parent wants to move out of state, the stakes are incredibly high for everyone involved. The legal process is complex, and the emotional toll can be significant. These situations require careful planning, a deep understanding of state law, and a strategy focused on protecting what matters most: your child’s well-being and your relationship with them.

At Crouse Erickson, our team has dedicated our practice exclusively to family law since 1993. We understand the intricacies of relocation cases in both Spokane, Washington, and Coeur d’Alene, Idaho. We are committed to providing the in-depth preparation and client-focused service necessary to guide you through this life-altering process. We will listen to your story, help you understand your options, and advocate for a result that allows you and your child to face the future with stability and confidence.

To discuss the specifics of your situation in a consultation, please contact our Spokane office at (509) 624-1380 or our Coeur d’Alene office at (208) 618-8910, or fill out our online form. Let us help you plan the next steps.