Moving to a new city or even a new neighborhood can feel like a fresh start. But when minor children are involved and a parenting plan is already in place, that move triggers a formal legal process under Washington state law that neither parent can simply ignore. Whether you're the parent seeking to relocate or the other parent opposing it, the stakes are high, and the deadlines are real. Our family law attorneys at the Law Office of Charlie Shane help families across Kitsap County, including Bainbridge Island, Port Orchard, and Gig Harbor, understand their rights and navigate this process with clarity.
Call us at 206-488-1336 to schedule a consultation.
What Washington Law Requires Before a Parent Can Relocate
Washington State's parental relocation statute, found in RCW Chapter 26.09, sets out a specific notice and objection process that applies whenever a relocating parent wants to move with a child subject to a residential schedule or parenting plan.
The relocating parent must provide written notice to the other parent at least 60 days before the planned move. That notice must include the proposed new address, the reason for the move, and a proposed revised parenting plan. If the other parent does not file a formal objection within 30 days of receiving notice, the court may allow the relocation to proceed by default.
Key steps in the process include:
- Providing timely written notice: Failure to give proper notice can seriously undermine your position before a judge, regardless of which side you're on.
- Filing or responding to an objection: The objecting parent must act within the 30-day window or risk losing the right to challenge the move in court.
- Proposing a revised parenting plan: Any relocation changes the logistics of custody, so a new residential schedule must be addressed as part of the process.
- Attending a hearing if needed: If the parents cannot reach an agreement, a family court judge decides whether relocation is permitted.
How Kitsap County Courts Decide Relocation Cases
When a relocation dispute goes to court, Washington law presumes the move will be allowed if the relocating parent has been the child's primary residential parent. The burden then shifts to the other parent to show the relocation is not in the child's best interest.
Courts weigh several factors when evaluating a contested move:
- The child's relationship with each parent: How closely bonded is the child with the parent who is staying behind, and how would that relationship be affected by distance?
- The reason for the relocation: Is it for a legitimate purpose, such as employment, family support, or a new marriage, or does it appear designed to limit the other parent's access?
- The impact on the child's stability: Courts consider school continuity, community ties, and the child's overall adjustment.
- The other parent's ability to maintain contact: Visitation schedules, travel costs, and the feasibility of meaningful parenting time all factor into the analysis.
- Any history of domestic violence or abuse: Safety is always part of the best interest framework.
A judge can deny relocation, permit it with a modified parenting plan, or adjust child support and spousal maintenance obligations as part of a broader order.
Frequently Asked Questions About Parental Relocation in Washington
Does the 60-day notice rule apply to short-distance moves?
Not always. Washington law distinguishes between moves that substantially change the child's current residence and those that don't. A move within the same school district or nearby may not trigger the full notice requirement, but the line isn't always clear. Speaking with a family law attorney before you move is the safest approach.
What happens if a parent relocates without following the notice process?
A parent who moves without providing proper notice risks a contempt finding and could face court-ordered return of the child. Washington courts take procedural compliance seriously in child custody cases, and an unauthorized move can significantly damage your credibility with the judge.
Speak With Our Kitsap County Family Law Attorneys
Parental relocation cases move quickly, and missing a deadline, whether you're relocating or objecting, can change the outcome entirely. At the Law Office of Charlie Shane, our family law attorneys are ready to help you understand where you stand and what comes next. We serve clients throughout Kitsap County and the surrounding area, including Pierce County and beyond.
Call 206-488-1336 or contact our office today to schedule your consultation.