Objection to Relocation.

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.

Relocation after Divorce.

Even if you have had a custody arrangement that has worked for years, it is possible that the parent with primary placement has a job opportunity, or a re-marriage opportunity, that is just too good to pass up.

If you are going to move with the child, you must provide a Notice of Relocation to the other parent, and if you learn that the other parent is going to move, and you oppose the move, you must file and Objection to Relocation.

Washington courts presume that they will allow the parent with the child the majority of the time (“primary placement”) to move with the child, unless the relocation can be “rebutted” by showing harm to the child from the move. Any objection must “rebut” the presumption that the parent can move on the basis of statutory factors that address the harm to the child from removing the child from an established environment and from established relationships.

Such a life-altering step for you and your minor child needs careful thought and superb representation.  There are many and varied statutory factors that the court must consider before making such a ruling.  For many years, Craig has been representing parents in litigating the factors to allow, or to prevent, a relocation of the children. Go into court with veteran Spokane child relocation attorney Craig Mason.  Call him today at (509) 443-3681.