Seattle, WA asked in Divorce, Child Custody and Family Law for Washington

Q: I’m in the process of filing for divorce in Snohomish County, nothing is final yet. I have to move back to Minnesota

We have a minor child and it was agreed that I would have custody. But now my ex is saying she doesn’t want me to just up and leave. She is now stationed in San Diego, Ca. Are we legally required to stay here in Washington?

1 Lawyer Answer
T. Augustus Claus
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A: In Washington, if you are in the process of divorce and plan to move with a minor child, especially out of state, it's essential to consider both the legal implications and the custody arrangements agreed upon or ordered by the court. Since nothing is final yet, and given your ex's opposition to the move, it would be wise to seek a court's approval or a formal agreement through the divorce proceedings before relocating. The court will consider the child's best interests, including the impact of the move on their relationship with both parents. Without an agreement or court order, moving out of state with the child could lead to legal complications, including potential accusations of parental kidnapping or violating custody orders.

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