Life doesn’t stand still after a divorce decree is finalized. New job opportunities arise, family members may need your support, or you might begin a new relationship. These changes sometimes mean considering a move. If you share children with your former spouse, you might be wondering if moving after divorce is possible. The short answer is yes, but Washington has a specific legal process you must follow to protect everyone’s rights, especially your child’s.
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Key Takeaways about Moving After Divorce
- Washington State has a formal legal process, the Relocation Act, that parents with a court-ordered parenting plan must follow.
- A parent intending to move must provide specific, written notice to the other parent well in advance of the planned move.
- If the non-moving parent objects, the parent who wants to move cannot do so with the child until they get permission from a judge.
- A court’s final decision on relocation is based on the “best interests of the child” and considers eleven specific factors.
- The reasons for the move and the potential impact on the child’s relationship with both parents are significant considerations for the court.
Understanding Washington’s Relocation Laws
When you have a parenting plan in place, you can’t simply pack up and move with your child, even if you are the primary residential parent. The law recognizes the importance of a child maintaining a strong relationship with both parents. To address this, the state has the Washington State Relocation Act (RCW 26.09.430).
This law sets out clear rules for a parent who wants to move. A “relocation” is defined as a move that changes the child’s main residence. If the move is outside of the child’s current school district, it is almost always considered a relocation and requires you to follow the legal process. This applies whether you’re planning a move from Spokane to a nearby town like Cheney or across the state line to Coeur d’Alene.
The First Step: Providing Formal Notice of Your Plan to Move After Divorce
Before you can relocate with your child, you must provide formal, written notice to the other parent and anyone else entitled to time with the child under the court order. This isn’t just a casual text message or phone call; it’s a legal requirement with specific information that must be included. You generally must provide this notice at least 60 days before your intended move.
Your formal notice of intent to move must contain:
- The street address of your proposed new residence, if you know it.
- Your new mailing address and telephone number, if available.
- The specific reasons you are proposing the move.
- A proposed new residential schedule, also known as a visitation schedule, for the child.
- A statement informing the other parent that they can object to the move but must do so in court within 30 days.
This notice is a critical first step. Failing to provide proper notice can have serious consequences and may negatively impact your chances of being allowed to move with your child.
What Happens if the Other Parent Objects?
After receiving your notice, the other parent has 30 days to file an objection with the court. If they do not object within that timeframe, your proposed move and new parenting plan may be approved by the court without a hearing.
However, if the other parent does object, you cannot move with the child until a judge holds a hearing and makes a decision. The court will schedule a hearing to listen to both sides and determine whether the move is in the child’s best interests. This is where the details of your situation will be examined closely, and the court will decide whether to permit or deny the request to move after divorce.
How a Spokane Court Decides on a Move After Divorce
When a judge in Spokane County or anywhere else in Washington must decide on a relocation case, their decision is not based on the parents’ wishes alone. The single guiding principle is the best interests of the child. The law presumes that a proposed relocation should be permitted, but the other parent can overcome this presumption by showing that the negative effects of the move outweigh the potential benefits.
A judge will evaluate eleven specific factors to make this determination:
- The strength and quality of the child’s relationships with each parent, siblings, and other significant people in their life.
- Any prior agreements between the parents about relocation.
- Whether disrupting contact between the child and the relocating parent would be more harmful than disrupting contact with the non-relocating parent.
- Whether either parent has any limitations on their time with the child, such as a history of abuse.
- The reasons each parent has for seeking or opposing the move, given in good faith.
- The age, developmental stage, and needs of the child.
- The quality of life, resources, and opportunities available to the child and the relocating parent in both the current and proposed new locations.
- The availability of alternative arrangements to foster and continue the child’s relationship with the non-relocating parent.
- The alternatives to relocation and whether it is feasible and desirable for the relocating parent to move to a new location.
- The financial impact and logistical issues the move will have on the child and both parents.
- The emotional impact of the relocation on the child.
The court carefully weighs all these elements to make a choice that supports the child’s stability and well-being above all else.
Moving After Divorce FAQs
Here are answers to some common questions people have about the process of moving after divorce in Washington.
What happens if I move with my child without giving proper notice or getting the court’s permission?
Moving without following the legal process can lead to serious consequences. A court could order you to immediately return the child to Washington. It can also be a basis for the court to change the parenting plan, potentially reducing your residential time, and may require you to pay the other parent’s attorney fees.
Does the relocation law apply if the parents were never married?
Yes. The Washington Relocation Act applies to any case where a court-ordered parenting plan is in effect. This includes parentage or paternity cases involving unmarried parents as well as post-divorce cases.
Can the other parent stop me from moving for any reason at all?
The other parent has the right to object to the move, but their objection must be based on the child’s best interests and the factors listed in the statute. A judge will not deny a relocation simply because the other parent doesn’t like the idea; the objection must have a valid basis related to the child’s welfare.
What if I only want to move to a different school district within Spokane?
Even a move within the same city or county can be legally considered a “relocation” if it is outside the child’s current school district. For example, moving from the Mead School District to the Cheney School District would trigger the requirements of the Relocation Act.
How does a move to another state, like Idaho, affect the process?
The process is the same whether you are moving across town or across the country. A move from Spokane to Coeur d’Alene, Idaho, would still require you to follow all the steps of the Relocation Act. The court would also consider the added difficulty and expense of travel between states when evaluating the child’s best interests.
Discuss Your Plans with a Family Law Attorney
Planning to move after a divorce can feel like a positive step toward a new future, but when children are involved, it requires careful planning and adherence to a strict legal process. Understanding your rights and obligations is the best way to protect your relationship with your child and set your case up for a favorable outcome.
The family law and divorce attorneys at Crouse Erickson have been assisting clients with complex family law matters, including relocations, since 1993. Serving families in Spokane, Washington, and Coeur d’Alene, Idaho, our team is committed to providing clear guidance and dedicated representation. Contact our office today to schedule a consultation and learn how we can assist you.
