The COVID-19 pandemic has made businesses and individuals seriously reconsider the concepts of remote work, necessity of office space, and the importance of employees living close to their workplace. The work of many employees has turned more virtual, with some people only needing to work in the office a couple of days per week or even working entirely from home.
This trend of an increased ability to complete work virtually has led people to rethink where they are living. People are realizing that they can live somewhere that is less expensive, quieter, or more scenic. However, there are legal considerations that must be made for those thinking about relocating, especially if you have children.
Can I just move? If you have a child or children with someone not residing with you, then you need to complete the required legal process before moving.
What’s involved? In Washington State, you first need to serve a Notice of Intent to Relocate on the other parent. If you are seeking to make changes to your Parenting Plan based on the relocation, then you must also serve a new Proposed Parenting Plan with the Notice. Once service has been completed, the other parent has 30 days to file an objection to the relocation.
What happens if the other parent objects? Sometimes, there can be simple negotiations on the originally proposed parenting plan, so that the parties can enter a new agreed parenting plan that works for both sides. If reaching agreement is not possible, then there can be a court case and eventual trial on the relocation issue. A relocation case would be heard and decided by a Superior Court Judge.
What does the Judge consider when deciding whether a move should be allowed? The judge’s guiding principle is determining whether the relocation is in the best interests of the child or children. Facts that are persuasive to a Judge would include if the parent can obtain a better job opportunity and higher earnings, obtain less expensive housing, or can demonstrate better opportunities for the children to learn and thrive in the new location.
There are many good reasons to consider relocations for yourself and family, but it is essential that you go about that process in accordance with the laws of the State of Washington. At Benjamin Law Group, we routinely handle relocation cases as part of our Family Law practice area.
