The
law of relocation is evolving in Washington State. For over two decades,
the law has assumed that once a parenting plan has originally determined
“primary placement” (“custody”), then that parent with primary placement may move
with the children unless the other parent can “rebut” the presumption in favor
of relocation after a trial on ten statutory factors involving the
relationships, education, and well-being of the child.
A
parenting plan is determined by the best interests of the child, but a
relocation trial must raise the concerns about the move to a higher standard to
“rebut” that presumption that the parent with the most time with the child
(primary parent) may move with the child.
However,
these days may parents have a 50/50 parenting plan, and so most trial courts
had a “relocation trial” on the 10 factors, without a presumption. But,
a recent court of appeals case said that as neither parent has the presumption
in a 50/50 plan, the relocation trial must follow the rules of a normal
modification (which requires a threshold finding of “adequate cause” before a
modification can proceed). This change is working its way through the
system.
In
other words, relocations have always been legally technical, but now, more than
ever, you will want Attorney Craig Mason to lead you through this evolving
legal thicket, whether you are seeking to relocate, or seeking to stop a
relocation of your children.
In
Eastern Washington, Craig Mason is a well-known divorce attorney who will guide
you through the process of objecting to relocation. This has an impact on
the rest of your life and your kids. Call Attorney Craig Mason today at
(509)
443-3681.
