AboutJeff Laatsch Expertise WA Law with respect to family court issues: order to show cause/notice of motions, establishing or modification of an order, custody, visitation, child support, parenting schedules, mediation, preparations and filings of all documents: International relocation experience: Create a win/win/win situation between Mom-Children-Dad...
Experience Self taught and experience with working with various Court Clerks.
Expert: Jeff Laatsch Date: 7/23/2008 Subject: Custody
Question I know you operate in Washington, but this is a general custody question:
My girlfriend and I are moving out of state. She and her daughter's father have been sharing custody of their 3 yr old. They were never married and he never signed the "right to parentage" form. He has never made a single child support payment, either. He was in agreement to sharing time with her for 3 weeks at a time then switching. Now, 5 days before we move, he is threatening to file papers to stop us from taking her out of the state. 1. Can he do this since he never signed the form and is technically not her legal father? 2. If he does file papers against my girlfriend are they legally binding, considering he is not the legal father? Rick from Minnesota
Answer Rick:
DISCLAIMER:
I AM NOT A LAWYER or ATTORNEY. I am someone who has experience with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county.
The DAD is correct. You cannot relocate unless you have good reason. He is technically the DAD because he has been in visitation with said child per agreement. Now Mom does have the option to file a motion for Child support and also you will need to file a Parenting plan.
If you decide to ignore this warning and move with said child you and your girlfriend could face charges of kidnapping per new laws on relocation.
Here is some information on Relocation:
Lets be perfectly clear the laws have gotten tougher on Primary parents whom simple desire to 'move' at will. There are a lot of issues concerning moving a child out of State. Many States are adopting new laws to prevent Parents move out of State for the child sake.
Most require that the parent seeking permission to move the child demonstrate that the move would advance the child’s best interest.
Not unlike the present law, the new law provides that a parent cannot relocate out of the state with a minor child unless that parent has:
1. consent of the other parent, if that parent has been given parenting time by an order or decree; or
2. an order of the court allowing the relocation.
As a result, it is incumbent upon the parent seeking to relocate out-of-state to file a motion and acquire an order allowing that relocation before doing so. A failure to follow this procedure creates a serious risk that the dissenting parent may seek an ex parte order changing custody immediately pending a hearing on the relocation issue.
When the matter is considered by the court, a judge may not allow the relocation if it is demonstrated that the purpose of the move is to interfere with parenting time that has been given to the other parent by a decree or order. In the past, when determining whether to allow a parent to relocate with the child, there was a presumption in favor of maintaining the present custodial arrangement.
In other words, the custodial parent had significant advantage in court when seeking to relocate, with a legal presumption in his/her favor. As a direct result, in most cases the relocation was allowed. This presumption and advantage no longer exist under the new law. The end result is that it will be far more difficult for a parent to relocate out-of-state and away from the other parent with a minor child.
Under the new laws, such move-away determinations are made based on what is in the best interests of the child. The factors the court must consider in determining the child’s best interests include, but are not limited to:
1. the nature, quality, extent of involvement, and duration of the child's relationship with the person proposing to relocate and with the non-relocating person, siblings, and other significant persons in the child's life;
2. the age, developmental stage, needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration special needs of the child;
3. the feasibility of preserving the relationship between the non-relocating person and the child through suitable parenting time arrangements, considering the logistics and financial circumstances of the parties;
4. the child's preference, taking into consideration the age and maturity of the child;
5. whether there is an established pattern of conduct of the person seeking the relocation to either promote or thwart the relationship of the child and the non-relocating person;
6. whether the relocation of the child will enhance the general quality of life for both the custodial parent seeking the relocation and the child, including, but not limited to, financial or emotional benefit or educational opportunity;
7. the reasons of each person for seeking or opposing the relocation; and
8. the effect on the safety and welfare of the child, or of the parent requesting to move the child's residence, or evidence of domestic abuse, as defined in section 518B.01.
It is critical to note that the new laws places the burden of proof on the parent requesting to move the residence of the child to another state, except that if the court finds that the person requesting permission to move has been a victim of domestic abuse by the other parent, the burden of proof is upon the parent opposing the move.
I strongly recommend that you and your girlfriend work with DAD on this relocation idea: File the motions as stated, and work something out with Dad that for example he gets the summer vacation with said child, and all holidays except for christmas: You split christmas every other year.,etc.
Seek out a Professional Attorney for further assistance in this case.
