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  1. #1

    Default Can My Ex Move My Children

    My question involves a child custody case from the State of: Washington

    The subject title is pretty vague, but here is my situation:

    My ex and I have been living in the same area all of our children's lives (10 & 13). They are involved in community sports and school activities, basically they are very well involved in their community. She has started a relationship with someone who lives out of the area by a good amount. I live in the same school district that the children are now. I guess I'm asking can she decide to move to be closer to her new relationship and take my children, or would I have a pretty good chance of fighting to be the custodial parent? Right now I have my kids a little less than half the time, plenty of overnights, and no legal problems to take into consideration.

    Would the courts just say it's fine and she can move with them because she has been the custodial parent, or would they think it's in the best interest of the children to continue to be raised in the same neighborhood they have grown up in?

    **and there is always someone who gets offensive with posts, so I will say right now that I didn't think of it when i put "my children" in the subject title and understand it should be "our children"

  2. #2
    Join Date
    Dec 2007
    Posts
    262

    Default Re: Can My Ex Move My Children

    What do the court orders say about determining residence and move away requirements/limitations? Hopefully there is a requirement to notify the NCP parent in advance of a move. You can always file for change of residential custody should you so desire; your attorney would determine the best options for the filing.

    If you do not understand your current orders or they are mute on the topic, you should consult an attorney for a review to give yourself peace of mind since you are involved in their lives.

  3. #3
    Join Date
    Mar 2013
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    17,597

    Default Re: Can My Ex Move My Children

    Quote Quoting spokanedriver
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    She has started a relationship with someone who lives out of the area by a good amount.
    Exactly how far in miles and minutes?

  4. #4
    Join Date
    Oct 2006
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    15,981

    Default Re: Can My Ex Move My Children

    Quote Quoting spokanedriver
    View Post
    My question involves a child custody case from the State of: Washington

    The subject title is pretty vague, but here is my situation:

    My ex and I have been living in the same area all of our children's lives (10 & 13). They are involved in community sports and school activities, basically they are very well involved in their community. She has started a relationship with someone who lives out of the area by a good amount. I live in the same school district that the children are now. I guess I'm asking can she decide to move to be closer to her new relationship and take my children, or would I have a pretty good chance of fighting to be the custodial parent? Right now I have my kids a little less than half the time, plenty of overnights, and no legal problems to take into consideration.

    Would the courts just say it's fine and she can move with them because she has been the custodial parent, or would they think it's in the best interest of the children to continue to be raised in the same neighborhood they have grown up in?

    **and there is always someone who gets offensive with posts, so I will say right now that I didn't think of it when i put "my children" in the subject title and understand it should be "our children"
    As AJ already said, you need to be specific about miles and minutes because "a good amount" is very subjective. For me, "a good amount" would be anything more than 5 miles in radius of where I live now. However, for a court, a good amount might be 60 miles in radius from where I am now.

    If you fought it and it was still doable for mom to get the kids back and forth to their current schools/district, and would not impact your parenting time, then a court would likely grant mom the permission to move the children even if you object. If mom would need the children to change schools in order to effect the move, then that changes the scope of things and shifts the odds in your favor. However in either scenario its not a slam dunk for either of you.

  5. #5
    Join Date
    Jan 2011
    Posts
    325

    Default Re: Can My Ex Move My Children

    This has a lot of good info. If you have a parenting plan your ex would need to file a notice with the court at least 60 days before she plans to move, and you would have 30 days to object, if the move takes her and the children out of the school district.
    https://www.washingtonlawhelp.org/re...hingtons-reloc

  6. #6

    Default Re: Can My Ex Move My Children

    As far as distance goes, we're probably talking about 40 miles or so and across state lines into Idaho.

    Reviewing my papers, it does say that notice must be given. I have no objection to her moving, it is my 2 children that I would object to.

    Would the court system try to favor them staying local to the area they have grown up in compared to allowing the custodial parent taking them away for the sole purpose of a new relationship? Her current housing situation is stable along with her working environment, there is nothing that would motivate her move from the house she lives in now, the same one she has lived in with her parents other than our marriage, besides this new relationship.

  7. #7
    Join Date
    Feb 2014
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    1,723

    Default Re: Can My Ex Move My Children

    The court will not make your ex stay, though it may decide that the children will stay, living with you.
    Don't make me quote Monty Python at you.

  8. #8

    Default Re: Can My Ex Move My Children

    I appreciate the words everyone is saying. Although nothing is ever for sure until the courts rule, it is nice to feel more secure if things go this way. I thank everyone for the words of wisdom, which have given me encouragement

  9. #9
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    Oct 2006
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    15,981

    Default Re: Can My Ex Move My Children

    Quote Quoting spokanedriver
    View Post
    I appreciate the words everyone is saying. Although nothing is ever for sure until the courts rule, it is nice to feel more secure if things go this way. I thank everyone for the words of wisdom, which have given me encouragement
    The fact that it is across state lines is actually a plus for you. If the state of the children's residence changes they will have to change schools, and you can seriously make the argument that their schools should not be changed to accommodate mom's new relationship. You can make the argument that you should become the primary custodial parent and that mom can have parenting time. You can also argue that mom should prove all transportation for the parenting time as she is creating the distance. That part might not fly, as meeting half way would probably make things work smoother, but its worth a try.

    You need to let mom know now however, that you will never agree to her moving the children away, and that you intend to take her to court for primary custody if she makes any plans to do so. Mom needs to be aware of how you feel about it, before she makes any decisions that she cannot easily undo (like giving notice at her job).

  10. #10
    Join Date
    Jul 2018
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    2,051

    Default Re: Can My Ex Move My Children

    Quote Quoting spokanedriver
    View Post
    My ex and I have been living in the same area all of our children's lives (10 & 13).
    Ex-what? Ex-wife? Ex-girlfriend? Ex-something else? Regardless, your follow up posts indicate there's a divorce decree/judgment or custody order. What, if anything, does it say about moving with the children? You mentioned giving notice, but does it contain any sort of provision relating to moving with the kids? Which of you is the custodial parent?

    Your questions cannot be answered intelligently until you clarify the relevant facts.

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