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Nov 29
1999
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Ask a Lawyer: Can she take my children out of state?Posted by: Dads Divorce on Nov 29, 1999 Tagged in: WA , Visitation , relocation , Parenting , opposition , notice , multi-state , motion , custody , Ask A Lawyer
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Question:
If my soon to be ex-wife plans on moving back to California to be closer to her parents and grand-parents what are my rights as a father. Can she up and move with the kids without my permission?
Answer:
I cannot answer your question specifically to the laws of Washington as I am not licensed in that State. In my jurisdiction the answer would be no. Missouri has a statute that requires the moving parent to notify the other parent sixty days in advance of a move. The non-moving parent can then file a Motion in Opposition to the Relocation to keep the children from moving. The standard is the best interest of the child. It would be difficult for a court to approve a relocation shortly after the divorce and would be upset that the matter was not brought to them originally.
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