Parental Relocation Attorney In Tacoma WA
Moving to a new city or state can open doors to better jobs, family support, educational opportunities, or a fresh start. But when you share children with someone else under a Washington parenting plan, relocating with your children isn’t as simple as packing boxes and changing your address.
Washington’s Child Relocation Act creates specific rules, timelines, and procedures you must follow before moving with your children. Missing deadlines or failing to provide proper notice can result in contempt of court, denial of your move, or even changes to your parenting plan that reduce your time with your children.
At Schroader Law, we help parents in Tacoma and Pierce County navigate parental relocation cases whether you’re planning to move with your children or objecting to the other parent’s proposed move. The law is complex, the stakes are high, and you need clear guidance to protect your rights and your relationship with your children.
When Does The Child Relocation Act Apply?
Not every move triggers Washington’s Child Relocation Act. The Act applies in specific situations based on how much time you have with your children and how far you’re planning to move.
The 45% Custody Threshold
The Child Relocation Act applies if you have your child at least 45% of the time under your parenting plan and you want to move the child’s residence to a location outside the child’s current school district. This 45% threshold is significant because it determines which legal process you must follow.
If you have your child less than 45% of the time, meaning the other parent has primary custody with more than 55% of residential time, the Child Relocation Act does not apply to you. Instead, you would need to seek a modification of the parenting plan through the court if you want to move and change the residential schedule.
What Counts As Relocation
For purposes of the Act, relocation means any change in the child’s primary residence that would move them outside their current school district. This could mean moving from Tacoma to Seattle, from Pierce County to another Washington county, or from Washington to another state. Even a move within the same general area can trigger the Act if it crosses school district boundaries.
The distance matters less than the school district boundary and the impact on the existing parenting plan. A move of 20 miles that crosses into a different school district is a relocation. A move of 5 miles within the same district generally is not, though it might still require adjustments to the parenting schedule.
The Required 60-Day Notice And Filing Requirements
If your planned move triggers the Child Relocation Act, you must provide written notice to the other parent at least 60 days before the intended move. This notice requirement is not optional and the timeline is strict.
What The Notice Must Include
Your relocation notice must contain specific information required by RCW 26.09.440. You must provide the address of the child’s new residence, the new mailing address and home telephone number of the child, the name and address of the child’s new school or daycare, the date of the intended relocation, and a brief statement of the specific reasons for your intended relocation.
You must also propose a revised residential schedule that shows how you envision parenting time working after the move. This revised schedule needs to address how the other parent will maintain a meaningful relationship with the child despite the distance.
The notice must inform the other parent that any objection to the relocation or to your proposed revised residential schedule must be filed with the court and served on you within 30 days, or the relocation will be permitted and the residential schedule may be modified.
Filing With The Court
You must also file your notice of intent to relocate with the court along with a proposed parenting plan and a declaration explaining your reasons for the move. The court and the other parent must both receive proper notice within the required timeframes.
Failure to provide timely, complete notice can result in serious consequences including denial of your relocation request, contempt of court, modification of your parenting plan to reduce your residential time, and damage to your credibility with the court.
The Critical 55% Custody Threshold
While the 45% threshold determines whether the Child Relocation Act applies at all, the 55% threshold determines how the case will be decided if the other parent objects to your move. This distinction is one of the most important aspects of Washington relocation law.
More Than 55% Residential Time: The Rebuttable Presumption
If you have the child more than 55% of the time under your parenting plan, Washington law grants you a rebuttable presumption in favor of permitting the relocation. This is a significant advantage.
The presumption means the court starts with the assumption that your relocation should be allowed, and the burden is on the other parent to prove why it shouldn’t be permitted. The other parent must demonstrate that the detrimental effect of the relocation outweighs the benefit of the change to the child and to you, based on the eleven statutory factors discussed below.
This presumption reflects Washington’s recognition that the parent who provides the majority of day-to-day care generally should have some flexibility to make decisions that affect the whole family, including decisions about where to live.
Less Than 55% Residential Time: No Presumption
If you have the child less than 55% of the time but still at least 45%, the situation is dramatically different and much more difficult. Without the rebuttable presumption, you don’t get the benefit of the court starting with the assumption that relocation is appropriate.
Instead, you bear the burden of proving that relocation is in the child’s best interest. The court will review the eleven statutory factors from the perspective of what would be in the best interest of the child, without giving weight to your interests as the relocating parent. Courts tend to err on the side of keeping the child where they have been living and where they have the most bonds and stability.
For parents who have substantially equal residential time, meaning plans which give each parent at least 45% of the residential time, the presumption does not exist because there is a greater detriment to the child when either parent’s residential time is significantly reduced.
The Eleven Relocation Factors Courts Consider
If the other parent objects to your proposed relocation within the 30-day deadline, the court must hold a hearing to determine whether to permit the move. The court evaluates eleven factors listed in RCW 26.09.520 to make this decision.
These factors are not weighted, and no inference is to be drawn from the order in which they are listed. Courts look at the whole picture of how relocation would affect the child and both parents.
Factor 1: The Child’s Relationships
The court considers the relative strength, nature, quality, extent of involvement, and stability of the child’s relationship with each parent, siblings, and other significant persons in the child’s life. This is often the most important factor. Which parent has been most involved in the child’s daily care? How strong is the bond with each parent? What relationships would be disrupted by the move?
Factor 2: Prior Agreements
If you and the other parent previously agreed to certain terms about relocation or residence, the court will consider those agreements.
Factor 3: Relative Detriment
The court looks at whether disrupting the contact between the child and the person with whom the child resides a majority of the time would be more detrimental to the child than disrupting contact between the child and the person objecting to the relocation. In other words, which relationship is more central to the child’s wellbeing?
Factor 4: Section 191 Limitations
The court considers whether either parent or a person entitled to residential time with the child is subject to limitations under RCW 26.09.191 or 26.09.192. These limitations involve serious problems like abandonment, physical or emotional abuse of a child, or a history of domestic violence or sexual assault. If the objecting parent has such limitations on their time, that weighs in favor of allowing relocation.
Factor 5: Good Faith Reasons
The court examines the reasons of each person for seeking or opposing the relocation and the good faith of each party in requesting or opposing the relocation. Are you moving for legitimate reasons like a better job, family support, or educational opportunities? Or are you trying to interfere with the other parent’s relationship with the child? Is the other parent objecting for legitimate concerns about maintaining their relationship with the child, or are they trying to control or punish you?
Factor 6: Child’s Needs and Development
Courts look at the age, developmental stage, and needs of the child, and the likely impact the relocation or its prevention will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child. Younger children may need more frequent contact with both parents. Teenagers may have stronger ties to their school, friends, and community that would be disrupted by a move.
Factor 7: Quality of Life and Resources
The court considers the quality of life, resources, and opportunities available to the child and to the relocating party in the current and proposed geographic locations. Would the move provide better schools, safer neighborhoods, extended family support, or other benefits to the child? Or would it take the child away from good schools, activities, and community connections?
Factor 8: Alternative Arrangements
Courts examine the availability of alternative arrangements to foster and continue the child’s relationship with and access to the other parent. Can meaningful contact be maintained through regular travel, extended summer visits, virtual contact, or other arrangements? Is the non-relocating parent willing and able to travel to maintain the relationship?
Factor 9: Alternatives to Relocation
The court looks at the alternatives to relocation and whether it is feasible and desirable for the other party to relocate also. Could you achieve your goals without moving? Could the other parent reasonably move to the same area to maintain frequent contact with the child?
Factor 10: Financial Impact and Logistics
Courts consider the financial impact and logistics of the relocation or its prevention. Who will pay for travel costs for visits? How realistic is the proposed long-distance schedule? What is the financial impact on both parties and on the child?
Factor 11: Timing for Temporary Orders
For a temporary order, the court considers the amount of time before a final decision can be made at trial. Sometimes courts allow temporary relocation pending trial when waiting months for a final hearing would cause the relocating parent to lose a job opportunity or other time-sensitive benefit.
Understanding these factors and how they apply to your specific situation is critical to building a strong relocation case or defending against an unwanted move.
Objecting To The Other Parent’s Proposed Relocation
If you are the parent who received notice that the other parent wants to relocate with your children, you have limited time to respond.
The 30-Day Deadline
You must file your objection to the intended relocation with the court and serve it on the other parent within 30 days of receiving their notice. If you do not file a timely objection, the relocation will be permitted and the court may modify the residential schedule as proposed by the relocating parent.
This 30-day deadline is strict. Missing it can mean losing your ability to contest the move. As soon as you receive relocation notice, contact an attorney to discuss your options and begin preparing your objection.
What Happens After You Object
Once you file a timely objection, the court clerk sets a trial date, which could be 3-4 months out. There may be a preliminary hearing before the final trial. The relocating parent may not relocate the children until there is a hearing held on the objection.
You will need to present evidence that the detrimental effect of the relocation outweighs the benefit of the change to the child and the relocating person, based on the eleven statutory factors. This requires careful preparation, witness testimony, documentation, and often expert testimony about what serves the child’s best interests.
Relocation cases are emotionally difficult for everyone involved. They pit one parent’s legitimate life goals against the other parent’s relationship with the children. Courts take these cases seriously and expect both parents to present thorough, well-supported arguments.
Why Choose Schroader Law For Parental Relocation Cases
Parental relocation cases involve strict deadlines, complex legal standards, and life-changing consequences for you and your children. At Schroader Law, we handle these matters with close attention to both the legal requirements and the practical realities of relocation in Tacoma and Pierce County.
Here is how we approach parental relocation cases:
Strict Deadline Management – We calendar every critical deadline including the 60-day notice requirement and the 30-day objection deadline. Missing these deadlines can cost you your case before it even begins. We make sure all filings and notices are timely and complete.
Thorough Factor Analysis – We work through the eleven relocation factors with you to build a comprehensive picture of how the proposed move affects your child. We gather evidence, identify witnesses, and develop arguments that address each factor from the perspective that best supports your position.
Strategic Settlement When Possible – Not every relocation case needs to go to trial. Sometimes we can negotiate a modified parenting plan that allows the move while protecting the other parent’s relationship with the child through extended summer visits, travel arrangements, and creative scheduling. We explore settlement options while preparing for trial.
Trial Preparation and Presentation – When settlement isn’t possible, we prepare your case for trial with detailed testimony, documentary evidence, and expert witnesses when needed. Relocation trials require clear presentation of complex facts and persuasive argument about what serves the child’s best interests.
Our focus is on protecting your relationship with your children whether you’re the parent seeking to relocate or the parent fighting to prevent a move that would damage your bond with your child.
FAQs About Parental Relocation In Washington
- What is the Child Relocation Act?
A. The Child Relocation Act (RCW 26.09.405 through RCW 26.09.560) is Washington law that sets out specific procedures you must follow before relocating with your child outside the child’s current school district. It applies when you have your child at least 45% of the time under your parenting plan.
- How much notice do I need to give before moving with my child?
A. You must provide written notice to the other parent at least 60 days before your intended move. The notice must include specific information required by law including your new address, the child’s new school, the date of the move, your reasons for relocating, and a proposed revised parenting plan.
- What happens if I move without giving proper notice?
A. Moving without proper notice can result in serious consequences including contempt of court, being ordered to return the child, modification of your parenting plan to reduce your residential time, and damage to your credibility with the court. Always follow the legal procedures before relocating.
- What is the 55% custody threshold and why does it matter?
A. If you have the child more than 55% of the time, you receive a rebuttable presumption in favor of your relocation. This means the court assumes your move should be allowed unless the other parent proves otherwise. If you have less than 55% but at least 45%, you have no presumption and must prove the move is in the child’s best interest.
- Can the other parent stop me from moving?
A. The other parent can object to your proposed relocation by filing an objection within 30 days of receiving your notice. If they object, the court will hold a hearing to decide whether to permit the move based on the eleven statutory factors. You cannot move until the court rules on the objection.
- What are good reasons for relocating with my child?
A. Courts consider reasons such as a better job opportunity, family support in the new location, educational opportunities for you or the child, a new spouse or partner’s job, lower cost of living, or safety concerns. The key is that your reasons must be in good faith and not designed to interfere with the other parent’s relationship with the child.
- How do I object to the other parent’s proposed move?
A. You must file a written objection with the court and serve it on the other parent within 30 days of receiving their relocation notice. Missing this deadline means the relocation will likely be approved. Your objection should explain why the move would harm your child based on the eleven statutory factors.
- Can the court allow a temporary relocation while the case is pending?
A. Yes. Courts can issue temporary orders allowing or denying relocation pending a final trial, considering factors including how long until trial and whether denying temporary relocation would cause the relocating parent to lose a time-sensitive opportunity. Temporary relocation orders are less common than simply scheduling an expedited hearing.
- What if I have less than 45% parenting time and want to move?
A. If you have less than 45% residential time, the Child Relocation Act doesn’t apply to you. You would need to seek a modification of the parenting plan to change the residential schedule and allow you to move with the child, which is a different legal process with different standards.
- How long does a relocation case take?
A. If the other parent does not object within 30 days, your relocation can be approved relatively quickly. If they do object, the trial date could be 3-4 months out, though courts may expedite hearings in relocation cases. The timeline depends on court schedules and case complexity.
Protect Your Family’s Future
Decisions about where to live affect every aspect of your life and your children’s lives. Whether you’re planning a move that will create new opportunities or fighting to preserve your relationship with your children when the other parent wants to relocate, you need skilled legal guidance to navigate Washington’s relocation laws.
At Schroader Law, we handle parental relocation cases in Tacoma and Pierce County with attention to strict deadlines, detailed legal requirements, and the real-world impact on families. Our goal is to protect your relationship with your children while respecting the legal process and the court’s focus on the best interests of the child.
Contact us to schedule a consultation. We will review your situation, explain how the relocation factors apply to your case, and outline the steps you need to take to protect your rights.
Your relationship with your children is too important to risk on missed deadlines or incomplete filings. Reach out to Schroader Law and let us help you navigate this challenging process.