It often takes time and extensive negotiations to reach a custody arrangement when parents separate or divorce in Washington. Either the parents themselves or the courts invest significant time and energy into the creation of parenting arrangements that focus on the best interests of the children.
Both parents then have an obligation to comply with the current custody order. Eventually, parents may want to make adjustments to their current living and custody circumstances. Some of those changes are more likely than others to require a formal modification of the custody order.
In some cases, parents have to go back to court. A relocation or substantial move is one of the scenarios that may warrant going back to family court to alter custody arrangements as necessary. When does the parent need to formally change a custody order because they intend to move?
When the relocation is a significant distance
If someone moves from the marital home to an apartment nearby, that may not have much impact on the children or their relationship with the other parent. As such, prior approval for local moves is typically not necessary. However, if the parent whose address is the primary residence of the children decides that they want to move far enough away to alter the school district that the children might attend, that move likely requires pre-approval.
Homeschooling the children or enrolling them in private school does not sidestep the obligation to obtain pre-approval for a substantial move. Even if the children are not yet old enough to attend school, the other parent or the courts have to authorize the relocation. A move that takes the children from one school district to another can create logistical challenges for regular custody exchanges and the maintenance of a shared custody arrangement.
Sometimes, the co-parent of a parent who wants to move acknowledges that the relocation is necessary and might be beneficial for the children. The parents can cooperate by seeking an uncontested modification in that situation. In scenarios where the parents do not agree about the move or how they need to adjust their custody arrangements, a contested modification may be necessary. The courts can review the situation carefully and make a determination based on unique family circumstances.
Complying with Washington state law by providing advance notice and requesting a formal modification is typically necessary in any parent-child relocation scenario involving a significant distance between co-parents. Parents planning to move on with their lives after the end of a relationship may need help navigating the family law system to achieve their goals.