Legal Question in Family Law in Washington
My husband is active duty military , and we have just gotten orders to move from WA state to South Carolina . My 2 son's father has been ordered to pay child support , and sometimes does , sometimes does not . Either way , in nearly 10 and 8 years , he has never filed a parenting plan , and my court orders state that I have full custody of both boys . My daughter's father is ordered to pay child support , and he has only seen her maybe 3 times in 4 years . He has never filed a parenting plan of any sort , and my court orders say I have full custody of her . Both fathers live in WA state . One is military , and one is not . My question is , do I need to notify them of the move , and / or gain their permission prior to leaving the state ? The custody order I have for both boys says "The mother be designated as the custodian of the child(ren), and that the child(ren) reside with the mother at all times. Other: Custody has been determined as indicated in the previous paragraph. Residential time (visitation) of (father's name) is reserved for agreement of the parties or future order of the court. Either party may submit a proposed residential plan or parenting plan at any time upon proper motion to the court and notice to the other party. If that plan proposes a change in custody, however, the moving party must meet the requirements of RCW 26.09.260 and 26.09.270 and file a petition for modification of custody. Restatement of RCW 26.09.430 through RCW 26.09.480 is waived pursuant to RCW 26. 09.490, as a residential schedule/ parenting plan is not being entered."
The order I have for my daughter states: "The mother be designated as the custodian of the child(ren), and that the child(ren) reside with the mother at all times. Other: No residential schedule/ parenting plan has been proposed; therefore, restatement of RCW26.09.430 through RCW26.09.480, in the judgment and order determining parentage should be waived pursuant to RCW 26.09.490."
I don't see anything stating that I should give notice prior to a move in either case. Am I looking in the wrong section? I am googling the RCW's, but I don't speak legalese well enough to be certain of what I am reading. Thank you!
1 Answer from Attorneys
Is the father entitled to residential time or visitation with the child under a court order? Clearly no as to each order. Thus, RCW 26.09.430 is clear that you are not required to give notice. Notice is only required under .430 if they are entitled to time with the child under the order.
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