When it comes to divorce, child custody is often the most difficult path to navigate as there are so many different scenarios that can play out. Anyone who has ever been divorced with kids can tell you just how difficult is can be to not only see your child have to suffer through the separation of their parents but also what a struggle it is to make decisions that are good for both you and your child (even if it isn’t necessarily the best thing for their former spouse). One of the more complicated situations that can occur when we are talking about parental rights is when one parent decides to leave the state of Washington and relocate elsewhere. This could have something to do with the custodial parent getting a new job or simply wanting to move closer to friends or family after the divorce is finalized. If this is the parent with custody of the child, and the noncustodial parent does not want their child moving out of state, they can file an objection to stop the move once they learn about it. However, while the parent does have the right to object, this does not guarantee that their wishes will be fulfilled as there are many rules tangled in with family law, especially when it involved custody.
For best results, the noncustodial parent must file their petition within 30 days of the custodial parent announcing they are moving with the child. If, for some reason however, the petition is not filed in time or at all, the relocation will automatically be allowed to happen and the noncustodial parent will be granted either visitation or residential time based on the specifics of the situation. This happens pretty frequently as most people are not well versed in family law and how to ensure that their parental rights are not violated.
Once this parent is granted visitation or residential time, the person who does not have custody will have the ability to seek modification to the arrangement once 30 days have passed. This is known as an ex parte and can potentially remedy the issues the noncustodial parent has with the custody arrangement at the time. However, reparations are not guaranteed at all, especially if the parent has not exemplified that they are capable of taking care of or being alone with their child.
Situations like this occur extremely often once a divorce is finalized and children are involved. It is very important that those involved in the legal matters know the laws that are involved in such a decision, otherwise there may be legal consequences to their actions.
If you are in need of a lawyer because you find yourself in this situation or one similar, we urge you to reach out to the expert team at Pavithran Law Office. We can help you learn all you need to know about your parental rights as well as try to remedy any other issues you may have with your custody arrangement with your ex-spouse.