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How to Keep the Non-Custodial Parent from Moving Out of State

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  • 03-13-2016, 07:23 PM
    Motherof2radboys
    How to Keep the Non-Custodial Parent from Moving Out of State
    My question involves a matter in the state of: WA
    I have primary custody of my two children, and my ex has every-other weekend, odd/even holidays, 2 weeks in winter and 2 weeks in summer.
    Transportation in the Parenting plan says "The receiving parent shall provide transportation." I do not see anything in the Order of Child support, or the Parenting Plan, about transportation costs.
    My ex has been providing medical insurance for the children. The Order of Child support says that i am "excused from the responsibility to provide health insurance", and that he is to pay 73% of uninsured medical expenses. I currently have secondary coverage in order to cover the other 27%.
    Now he has been laid off and wants to take a job in California.
    What does he have to do (if anything) in order to move out of state? What can i do if i don't want him to move away from the children? And, what about insurance and transportation?
    He wants to move in one week. I'm obviously frustrated and worried for the kids. Please help.
  • 03-13-2016, 07:31 PM
    jk
    Re: What Does the Non-Costodial Parent Have to Do to Move in Wa State
    You cannot do anything about him moving out of state. He is not property you get to determine what shelf you set it on.

    The parenting plan needs to be modified. The one you have now is written with due regard to the proximity of the parties. Moving so the distance is increased means it's time to modify the order.


    As far as what he needs to do to move to California; hopping in the car and starting it up and pointing the nose towards California and hitting the gas should take care of it.
  • 03-13-2016, 07:41 PM
    Motherof2radboys
    Re: What Does the Non-Costodial Parent Have to Do to Move in Wa State
    So, he is not even obligated to give prior notice?
  • 03-13-2016, 07:43 PM
    jk
    Re: What Does the Non-Costodial Parent Have to Do to Move in Wa State
    Nope. He isn't taking the child with him so he is free to move about as he chooses. If your order requires he provide you with his address he will have to provide that once he has one.
  • 03-13-2016, 08:00 PM
    Motherof2radboys
    Re: What Does the Non-Costodial Parent Have to Do to Move in Wa State
    In the past i was faced with a possible move with my current fiance who is in the air-force. My ex let me know he was going to make it very difficult for me to move with the kids. I imagine that we will be faced with the possibility of moving again.
    Is there anything i can do in order to make it easier to do so? Can he still fight me if he is not following the legal docs?
  • 03-13-2016, 08:06 PM
    jk
    Re: What Does the Non-Costodial Parent Have to Do to Move in Wa State
    With the kids


    that makes all the difference in the world.

    What isn't the father following? You have said nothing so far

    but since you would be moving with the child you do need court permission. Given he will have moved it may benefit you, depending where you are moving to. Arguing you shouldn't be allowed to move out of state is not valid any longer but if you create a greater distance, then he can lodge a valid complaint.
  • 03-13-2016, 09:33 PM
    Motherof2radboys
    Re: What Does the Non-Costodial Parent Have to Do to Move in Wa State
    He has been going out of state for months at a time and not seeing the kids for that time. Its been hard on the kids. But, it has been for work.
  • 03-13-2016, 09:44 PM
    Dogmatique
    Re: What Does the Non-Costodial Parent Have to Do to Move in Wa State
    Very simply:

    You are the custodial parent. You have an obligation to allow access per your court order. Dad does not have an obligation to actually see his children, but you must make them available (to a degree).

    You need to understand that it's your obligation, and it's his right - not the other way around.

    If you wish to relocate out of WA, you must of course get permission from either him or the court. At the moment WA is relocation-friendly, which means that Dad will have the burden of convincing the court that the move is not in their best interests.

    Does that make it clearer?
  • 03-13-2016, 10:00 PM
    Motherof2radboys
    Re: What Does the Non-Costodial Parent Have to Do to Move in Wa State
    I understand that it is his right to see the kids, and that he is not obligated :( I understand that i am obligated to make the kids available for the dates agreed on in the divorce docs. I let him see the kids whenever he wants and whenever he can. He is a good dad, and i would never want to take the kids dad from them.
    Its pretty crummy that he doesn't even have to give me legal notice if he wants to move. But can make things difficult for me if i want to.
    Hopefully his moving will make things a bit less messy if we do need to move in the future.
  • 03-13-2016, 10:20 PM
    Dogmatique
    Re: What Does the Non-Costodial Parent Have to Do to Move in Wa State
    If he moves out of state, the chances of him preventing you from moving out of WA are just about zero.
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