Relocating with a child after a divorce or custody order can be complicated—especially if you’re planning to move with a new spouse. In Washington State, the relocation statute (RCW 26.09.430 through RCW 26.09.480) outlines specific rules and procedures that must be followed before moving a child away from their current residence. Failing to follow these rules can result in serious legal consequences, including loss of custody.
Parents should remember that the court does not decide if the parent relocates, they only decide if the child or children who the court has jurisdiction over, based on a valid parenting plan or civil protection order that contains the relocation act language. If you have a parenting plan, check the plan to see if the relocation statute is included, which is typically in section 13 of your parenting plan. Older plans may not contain the language. If you have recently been to court for a civil protection order and obtained or had an order entered against you, you will need to review the order carefully to see if the relocation act applies to your situation.
If you live in Spokane County and are considering relocation with your child, this blog will help you understand your obligations and avoid some of the most common mistakes parents make during this process.
What Is the Washington State Relocation Statute?
The Washington State Relocation Statute governs situations where a parent who has custody or residential time with a child wants to move. If you are the primary residential parent—or even if you share custody—you are required to notify the other parent in advance if you plan to move.
The law distinguishes between:
- Moves outside the child’s current school district
- Moves within the same school district (which require informal notice)
In most cases, a parent must provide written notice at least 60 days before the intended move. This notice must be served on all other parties entitled to residential time or visitation.
Common Pitfalls Spokane County Parents Make When Relocating with a New Spouse
- Failing to Provide Proper Legal Notice
- A common mistake is assuming that verbal notice is enough. It’s not. Washington law requires formal written notice, and failure to do so can result in a court order reversing the move or modifying your parenting plan.
- Underestimating the Impact on the Other Parent
- Courts prioritize the best interests of the child and the continuity of both parental relationships. A move that significantly affects the other parent’s visitation or involvement can lead to contested litigation.
- Assuming the Court Will Automatically Approve the Move
- Even if you believe the move is in the child’s best interest—such as relocating for a new marriage or better job—the court may deny the relocation if it significantly disrupts the child’s relationship with the other parent.
- Not Modifying the Parenting Plan
- If you relocate, your parenting plan may need to be updated to reflect new schedules, travel arrangements, and responsibilities. Many parents forget this step, which can cause future legal conflicts.
- Going Through the Process Without Legal Representation
- Trying to navigate the relocation statute without legal help is risky. Relocation cases can be complex and emotionally charged, especially if the other parent objects.
Spokane County Family Courts Take Relocation Seriously
In Spokane County, judges carefully evaluate relocation requests. The court considers several factors under RCW 26.09.520, including:
- The reason for the move
- The impact on the child’s relationship with both parents
- The quality of life improvements for the child
- The feasibility of maintaining visitation
If the move is contested, the court will conduct a hearing and issue a decision based on the child’s best interest.
How Whalley Law Can Help Spokane Parents Facing Relocation
At Whalley Law, we understand that moving with a child after divorce is a deeply personal and often stressful decision—especially when it involves a new spouse and blended family dynamics. Our experienced family law attorneys can:
- Help you draft and serve the required notice
- Prepare a strong legal argument in support of relocation
- Represent you in hearings if the move is contested
- Assist in modifying your parenting plan to reflect the move
Whether you’re relocating to a new city in Washington or moving across the country, we’ll guide you through the process to ensure compliance with Washington law and protect your rights as a parent.
One of the biggest mistakes people who are trying to relocate make is not engaging with a family law attorney prior to providing the other party with notice of the relocation. Understanding the process and knowing what information is needed to improve you chances of being able to make the move you want is critical to your case.
Contact Whalley Law – Spokane County’s Trusted Family Law Firm
Before you pack your bags or finalize plans with your new spouse, talk to a trusted Spokane family law attorney. At Whalley Law, we offer compassionate, knowledgeable guidance through every step of the relocation process. Don’t risk your parenting rights—get legal support before you move.
Call Whalley Law Today
