Child Relocation to different state

[cobrakai]

What is the name of your state (only U.S. law)? Washington

Hello, my son's mom plans to move from Washington to California next month. She is moving due to not really like her life up here and her folks bought a house there so her and my son will be living with her parents for the time being. She has no job lined up either. We are attempting to do this ex parte but it is a challenge for sure.

My son is 4 years old and never lived with me, but we have a really good relationship and I see him all the time. In a nutshell, here are my questions. I appreciate any help I may get.

1.) Odds the court would not allow my son's mom to move to California with him?

2.) If the move does happen, how much if at all is she responsible to help financially for me to see my son? He's too young to fly alone so I'd have to do a ton of flying to see him. Plus it's a 20 hour drive one way for me to see him. I'd have to pay for plane fare, hotel and rental car.

3.) If she does have financial responsibility, how many visits would the court see as reasonable for me to see my son and have her help me with?

4.) What are the odds the judge would allow me to get to claim him every other year for tax purposes?

Thank you very much.

 

[Perky]

Are you the legal father? If not, then the first thing you will have to do is go through paternity establishment. If paternity has already been legally established and you really do have an established relationship with your son, then:

1.) I don't know if anyone can give you odds on it, but you certainly have the right to object to the move. It is possible that the judge will not allow the child to be moved.

2.) Another one that's hard to predict. Sometimes the relocating parent is responsible for all transportation costs. Sometimes they are responsible for half. If your income is much higher than hers, it's also possible that you would be responsible for all costs. However, your question implies that you would do the traveling for visitation. Wouldn't you want to see your child in your own home?

3.) Since he's close to school age, you could probably expect to get half of winter break, every other spring break (and other holiday breaks), and 4-6 weeks in the summer.

4.) IMO, very likely if you're paying child support.

 

[TinkerBelleLuvr]

The focus of your motion needs to be why it is in the BEST INTEREST of the CHILD to move. Don't care if mom doesn't like it in Washington. The CHILD'S family is in Washington.

Mom will have to PROVE that moving will improve both of their lifes. Calculate now how often you see the child. Figure out the percentage of the year that you have the child.

Now, if the move is allowed, ask that mom be responsible for the transportation. Since the child is 4, you have one year that someone needs to fly with the child. After that, the child can fly UM. I have found that SWA is the cheapest for flying UM. They have quite a few flights from California to Seattle & Portland, OR. Both of you may have to do some traveling to an airport to make sure they are direct flights.

My long-distance parenting plan says that for one school year, dad gets Thanksgiving & Spring Break; following one, the entirety of Winter Break. Dad gets half the summer, but I generally give him more than that.

I have seen other plans that give the NCP half of winter break, alternating years on who has the first half that includes Christmas.

If the move is allowed, ask for "virtual" parenting time. That can mean webcam access, emailing, instant messaging & specified phone call times.