When parents divorce or separate, their children continue to connect them to one another. Unless there are unusual scenarios that leave the children at risk while in the care of one parent, it is common for adults to share parenting time and decision-making authority when they stop living together or divorce.
A Washington parenting plan typically outlines the division of parenting time between the parents and describes other standards for their co-parenting relationship. Typically, parents continue living near one another to make regular custody exchanges feasible. If either parent wishes to move because of a new job, a relationship or other opportunities, the change in their address could have significant implications for their co-parenting relationship.
Does shared custody prevent parents from moving to a new home?
Relocations may require court approval
Both state law and the language included in parenting plans may require advance notice before a relocation occurs. The parent proposing the move may need to inform their co-parent and the family courts about the potential change in circumstances.
When the other parent agrees that the relocation is necessary, they can work together to adjust their parenting plan. If there is a dispute about the proposed relocation, then the courts can help resolve the disagreement.
State law imposes a presumption that the relocation is appropriate, but the responding parent has the option to challenge that presumption. They can ask the courts to review the situation and any evidence they have regarding the proposed move and the impact it could have on the family’s circumstances.
If the courts agree that the relocation might prove detrimental to the children, then a judge might intervene. Without compelling evidence, a parent opposing a move usually cannot prevent a co-parent from moving on with their life and changing the children’s address as part of that process.
Reviewing family circumstances with a lawyer can help parents develop a strategy when proposing a relocation or trying to convince the courts that a proposed move may do more harm than good. Parents who center their children’s needs in major decisions can typically convince the courts to permit them to successfully convince the courts that their parenting plan or custody order should be managed in certain ways.