I Can’t Pass up that Job Opportunity.

What if you are faced with a chance to further your career, but it means moving out of the state of Washington with your minor child of whom you have primary care?  If an existing court order gives someone else any visitation rights at all, you must give that person notice of your plan to move with your child.  Understandably, they do not want to have their child move further way, and they have 30 days to start a court action by filing a formal objection to your relocation. (Even simply moving to another school district creates the right to a trial.)

Alternatively, maybe you are the parent who does not have primary placement, but you do have rights to time with the child under your parenting plan, and you are the one filing the objection to the relocation. You have a right to a trial that will occur on the basis of statutory factors (e.g., like relationship strength, relatives in the area, or unique needs of the child, among many factors). The parent with primary placement is “presumed” to be able to move, and the non-primary parent must “rebut” that presumption at trial, on the statutory factors.

Even parents with 50/50 parenting plans will have a relocation trial based upon those statutory factors (but without a presumption in favor of either parent).

The court must show that it has considered all of these factors, and your task at trial is to present evidence on those factors.  Here at Mason Law, in Spokane, WA, we help you present evidence on all the statutory factors to help lead the Washington State Family Court to a correct decision. Please give us a call at Mason Law today.  That number is (509) 443-3681.

Back to School…But Where?

Sometimes a parent moves during the summer without thinking of the law, and other times a parent may move, or seek to move, to deliberately put distance between the children and the other parent. It is one of the possible byproducts of divorce and shared-custody that one parent wants to move with the children.  It is also possible that your children have moved to a new school district, or even out of state, without your consent. 

For many reasons, innocent or calculated, in our area, and throughout the State of Washington, a new school year can bring about a dramatic change that might require a legal response. 

The presumption that a child can be moved just because he or she is in the primary care of one of the parents can be rebutted by evidence presented on a variety of different statutory factors that a Washington family court must show it has considered.  This is very important information with which to be armed as to choose whether to accept or oppose a relocation of your children.

Do not let your children be moved away from you if you do not want to agree. Spokane divorce attorney Craig Mason has fought relocation issues for committed parents for many, many years.  He will fight for your child custody and visitation rights.  Please take a minute today and make an appointment to visit with Craig and his staff at the office located at West 1707 Broadway.  Call (509) 443-3681.