Want To Move? What You Should Know First

Do you want to move with your child?

How do I move without getting in problem with the law?

This blog post will discuss how to move when there is currently a parenting plan in place.

So, you have a child with someone and a parenting plan has been entered with a court. You have been following this parenting plan, but now, you want to move. For many people, they are unsure what needs to be done to ensure they can move with the child and face legal issues down the road.

Before we dive into what to do. There is a key distinction to be made. Is the move within the same school district of the child or outside the current school district of the child?

Moving within the same school district: If you move within the same school district of the child, you must provide notice to any person entitled to visitation. In most cases, this will be the other parent. Well, what kind of notice? You should provide your new address and contact information in any form. This can be through e-mail, text messages, in-person conversation, phone conversation, mail, etc. However, written notices are the best practice. They can provide proof later on if issues arise, that you in fact, provided notice of the move to the other person. The best best practice is to provide notice in a letter and mail certified. This will provide you with proof of delivery.

If the other person entitled to visitation does not want you to move, too bad. If the move is only within the same school district, the other person may not object to this type of move.

It is suggested to provide this notice at least 60 days prior to your move date. However, look to your parenting plan, there may be specific language regarding how notice must be given and how much advance notice is required.

Moving outside of the school district: If you are the primary parent under the parenting plan and want to move outside of the school district with the child, you must give the non-primary parent or person entitled to visitation, notice of your intent to move.

This notice will need to be at least 60 days before your move date. You will need to complete form: FL Relocate 701 “Notice of Intent to Move with Children (Relocation).” This form is available on the Washington Courts website at: http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=6

This form will need to be filed with the court and provided to the other person with visitation rights. You should provide this by hand delivery or by mail (that has return receipt).

If your move will occur before 60 days, you may want to contact an attorney.

Then the other person has an opportunity to object to the move.

What happens if you do not give notice?

If you do not provide notice you could be subject to sanctions, contempt, or other more severe consequences like jail time.

If you would like more information on relocating with your children or stopping someone from relocating with your children, contact us at The Law Office of Dustin Hoegemeyer, LLC.

 

 

hoegemeyerd@gmail.com

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