Custodial Parent Relocation

[2ndtimearound]

we live in washington state. my husband's ex-wife is relocating to another state with their son who is 10. she dropped this bomb on him on sunday 6/17/01 (father's day, how cruel) and plans to hit the road on sunday 6/24/01. do we have any legal recourse? we are unable to afford an attorney at this time. any information will be greatly appreciated.

 

[MySonsMom]

we live in washington state. my husband's ex-wife is relocating to another state with their son who is 10. she dropped this bomb on him on sunday 6/17/01 (father's day, how cruel) and plans to hit the road on sunday 6/24/01. do we have any legal recourse? we are unable to afford an attorney at this time. any information will be greatly appreciated.

Yes, you can do something. You normally have 30 days to contest the move. Now, that doesn't mean that you will be able to stop them from moving. You will have to fight it and prove that it will not be in the best interest of the child for him to move with the Mother. You will have to prove that the child would be best with you and your husband. But on the other hand, she will fight that the child has been with her etc...and that is his home and that they are moving for good reasons. Your best way to deal with this is to retain an attorney if you are serious about fighting to stop this move. It will take time and money.

 

[knudsonrl]

in this situation, PLEASE get a lawyer! do whatever you must do to get the money to do so (legal aid?). your husband has a right to watch his child grow up. even though the move may not be preventable, certain issues (travel costs, visitation, support) must be established.
Does your husband share custody of his son?

 

[2ndtimearound]

yes. we have been seeing the child every other (sometimes every) weekend for the past 7 years. his ex has moved around alot (in the state) and he has been in several different schools. somehow she has it in her mind that she can go to CA and make more money. she has no job prospects right now, so she'll have to start cold when she arrives.

 

[knudsonrl]

a judge may order that his ex be responsible to pay for summer/holiday vistation travel costs (as it was it my case). did she give you any sort of written notification? in most states, the thirty day rule allows you time to retain an attorney. (which I strongly recommend you do. Your husband's relationship with his son needs to be allowed to develop, even if she moves. an good attorney can get you the best possible 'deal'. It's worth every cent when you think of it that way...)

 

[2ndtimearound]

no. there wasn't any written notification - and i'm beginning to wonder if she would have even told us at all if my husband wouldn't have had to return him home last sunday. she obviously told the son to keep quiet about it. she's the type who flies by the seat of her pants and i wouldn't have been at all surprised if we had received a call from her right before our next scheduled visit telling us "oh, by the way, we moved to CA." i really appreciate all of your input and advice. i think my husband and i are both ready to go off the deep end about this. we can't stand the thought of him being down there and not being able to go pick him up whenever we want to see him. our parents are beside themselves. i know of a lawyer who is the son of my in-laws neighbor, maybe he can offer some help. thanks again...

 

[Ambr]

check out this website.

http://www.courts.wa.gov/instruct/relocate/objnotice.cfm

If you do not file an objection within 30 days after receipt of the relocation notice, the relocation of the child shall be permitted.

If you do not receive a notice; but hear about the move from a third person, you may still file an objection.

As soon as you learn of the intended move, whether you received written notice or learned of the move through another person, it is a good idea to review the court file to learn what has been filed and possibly ordered by the court.

it explains step by step what forms are needed in WA and how to file, etc.