A common question for a family law attorney is relocation with children after divorce. In many situations, parents have gotten a divorce and each parent has visitation according to a parenting plan. However, what happens if one parent decides to move to another state and wants to take a child? Obviously, this will be a great concern for the parents especially the parent who is not moving.
If the parents agree, relocation isn’t usually a complicated matter. An agreement can be memorialized into a supplemental parenting plan and approved by a judge. However, the complication occurs when the parents do not agree. (more…)
There are times when modification of a parenting plan makes sense. There could be a relocation issue or the parties simply have outgrown the plan. There could also be evidence of misconduct by one parent against a child. Washington Courts are very careful in deciding whether to grant a modification. Courts give a preference for stability in the child’s living arrangements. However, modifications do happen and are appropriate in certain circumstances.
Modification of a parenting plan follows statutorily requirements under RCW 26.09.260. There are two types of modifications: (1) major and (2) minor. Compliance with the statute is mandatory. The party seeking modification is called the moving party. (more…)