leaving the state with child

[jkrs15]

Washington state .. the father of my daughter left us because he no longer wanted to be tied down. He has had no contact with me for two months to even see her. I have no family or friends here and I want to move back home to Idaho. I know if there is a parenting plan in place I can not leave the state but there is no parenting plan and he does not pay child support. Would it be ok to leave without any issues

 

[AnonUserName]

Washington state .. the father of my daughter left us because he no longer wanted to be tied down. He has had no contact with me for two months to even see her. I have no family or friends here and I want to move back home to Idaho. I know if there is a parenting plan in place I can not leave the state but there is no parenting plan and he does not pay child support. Would it be ok to leave without any issues

Posting hx......

 

[stealth2]

Washington state .. the father of my daughter left us because he no longer wanted to be tied down. He has had no contact with me for two months to even see her. I have no family or friends here and I want to move back home to Idaho. I know if there is a parenting plan in place I can not leave the state but there is no parenting plan and he does not pay child support. Would it be ok to leave without any issues

A year and a half ago, you HAD a parenting plan in place. SO which is it?

(to refresh your memory......

https://forum.freeadvice.com/child-custody-visitation-37/parenting-plan-question-574855.html )

 

[jkrs15]

I never said anything about a parenting plan a yr and a half ago so im not sure where that is coming from. In less words for u to understand let me say it this way....is it illegal to leave Washington state with a child when there is NO parenting plan in place....

 

[sandyclaus]

I never said anything about a parenting plan a yr and a half ago so im not sure where that is coming from. In less words for u to understand let me say it this way....is it illegal to leave Washington state with a child when there is NO parenting plan in place....

Sorry, but that OTHER thread refers to questions you have regarding a parenting plan that was in place.

To answer your question, whether or not you would be allowed to leave the state will be dependent upon what the custody/visitation order says. Absent specific wording in the custody/visitation orders, in Washington State, relocation is controlled by RCW 26.09.405-560. Under that statute, the custodial parent has a presumptive right to move with the children. The non-custodial parent can object to the move; and if they do, the courts use eleven different factors to decide whether or not the children get to go. The factors are not weighted; that is, each factor carries the same weight as the others. The Relocation Act applies to all children where here is an

The process is simple: if you are moving, you have to give the other side 60 days notice, if you possibly can. The notice does not have to be filed with the court, initially. The other side has 30 days to file an objection with the court. The court clerk sets a trial date: typically 3-4 months out. That’s because – since relocation cases affect where children go to school, where parents can work, etc. – the cases take priority.

But it is very, very important to do this correctly. Failure to do it correctly can result in a motion to make a parent – or the children – move back from wherever they just moved to. Send the notice in a timely fashion; send it certified mail. If you are objecting, file the objection with the court on time, within 30 days – and file a motion to make the parent stay here.

 

[stealth2]

I never said anything about a parenting plan a yr and a half ago so im not sure where that is coming from. In less words for u to understand let me say it this way....is it illegal to leave Washington state with a child when there is NO parenting plan in place....

Care to try again? From two years ago:

I've had a parenting plan put in place and the father of my 17 month old is to get him every Sunday am. To pm. Holidays were not discussed in the court room but im wondering for holidays like easter and mothers day if thats included in the every Sunday rule.

 

[CJane]

I'm guessing, in the past two years, there's been another child born.

Unless her son became a daughter.

 

[AnonUserName]

I'm guessing, in the past two years, there's been another child born.

Unless her son became a daughter.

Or she has shared her user name with yet another person.

 

[jkrs15]

​

Care to try again? From two years ago:

The other person is correct. This was about my daughter. the other thread does talk about my son. There is no parenting plan in place for my daughter. I know since there is a parenting plan in place I have to take steps to leave the state. But my question was asking since there is no parenting plan for my daughter are there still steps I need to take or is it ok to just leave.

 

[sandyclaus]

​

The other person is correct. This was about my daughter. the other thread does talk about my son. There is no parenting plan in place for my daughter. I know since there is a parenting plan in place I have to take steps to leave the state. But my question was asking since there is no parenting plan for my daughter are there still steps I need to take or is it ok to just leave.

I guess the question here is why you wouldn't just tell Dad you intend to leave the state?

The law here is pretty clear. It presumes that you, as a custodial parent, are presumed to have a right to move with your children. However, if there is any doubt as to whether or not the NCP might object, then you should take the proper precautions to make sure that it's OK to do so.

Here, again, are the proper steps to follow:

...To answer your question, whether or not you would be allowed to leave the state will be dependent upon what the custody/visitation order says. Absent specific wording in the custody/visitation orders, in Washington State, relocation is controlled by RCW 26.09.405-560. Under that statute, the custodial parent has a presumptive right to move with the children. The non-custodial parent can object to the move; and if they do, the courts use eleven different factors to decide whether or not the children get to go. The factors are not weighted; that is, each factor carries the same weight as the others. The Relocation Act applies to all children where here is an

The process is simple: if you are moving, you have to give the other side 60 days notice, if you possibly can. The notice does not have to be filed with the court, initially. The other side has 30 days to file an objection with the court. The court clerk sets a trial date: typically 3-4 months out. That’s because – since relocation cases affect where children go to school, where parents can work, etc. – the cases take priority.

But it is very, very important to do this correctly. Failure to do it correctly can result in a motion to make a parent – or the children – move back from wherever they just moved to. Send the notice in a timely fashion; send it certified mail. If you are objecting, file the objection with the court on time, within 30 days – and file a motion to make the parent stay here.

Here is a link to the notice you should be using: http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=6

Note - again - that you are simply notifying Dad that you intend to move, and giving him an opportunity to object. If he does, then the court gets to decide. Since you have custody, then unless Dad has good reason to object, the court is more likely to grant you permission to move. If Dad doesn't respond at all to your notice of intent to relocate, then you can go ahead and move with no further concerns (he was given opportunity, and he chose not to object). If, however, you move without even telling him, there is a possibility that he can file with the courts to order you to return pending a hearing to make a final determination.

IMHO, from your initial post, he's only been out of contact for TWO MONTHS. In the course of things, that really isn't a very long time. If it had been two YEARS instead of months, then even the courts might see that as abandonment.

Also, one question (that I didn't even think to ask, but should have): You say that Dad doesn't pay support. Were the two of you married at the time of the child's birth? Did he ever sign the birth certificate/affidavit of paternity or claim the child? Did you ever ask the court to issue a child support order? Understand that if you are unmarried and if Dad never signed the birth certificate/affidavit of paternity, then you have SOLE custody, both physical and legal over this child. This man isn't legally required to pay child support until a court order tells him that he has to. Yes, there is a moral/ethical obligation, but in the eyes of the law, there isn't a legal obligation to provide financial support. The father also has no right to custody or visitation unless/until the court says so, until he decides to assert his rights and have the court issue an order to support it.