How to Legally Object to a Co-Parent's Out-of-State Relocation Request in Washington State

Defending Your Parental Rights in Washington

Receiving a notice that your co-parent intends to move your child to another state or a distant city in Washington can be devastating. Whether your case is in the Clark County Superior Court, Vancouver or the Snohomish County Superior Court, Everett, the law provides a clear pathway to fight the move. However, the clock starts ticking the moment you are served with the notice. Ignoring the paperwork means you automatically forfeit your right to stop the relocation.

Because move-away cases are among the most difficult and emotionally charged areas of family law, securing strong legal representation is critical. We encourage you to browse our US Lawyer Catalog to find a dedicated Washington family law attorney who can help you build a compelling case to keep your child close to home.

The 30-Day Deadline to Object

Under Wash. Rev. Code § 26.09.480, the non-relocating parent has exactly 30 days after being served to file an objection. To do this, you must file Form FL Relocate 721, Washington, Superior Court, Objection about Moving with Children and Petition about Changing a Parenting/Custody Order (Relocation). If you miss this 30-day deadline, the court will generally permit the relocation without a hearing. Along with your objection, you can file a motion for temporary orders under Wash. Rev. Code § 26.09.510, asking the judge to legally prevent the child from leaving the state until a full trial can be held.

How the Court Evaluates the Move

Washington law is unique because it starts with a presumption that the primary residential parent's move will be allowed. As the objecting parent, the burden of proof is on you. You must prove that the detrimental effect of the move on the child outweighs the benefits of the move to the child and the relocating parent. This legal standard is frequently analyzed in cases like In re Marriage of Rostrom, 184 Wash. App. 744 (WA Court of Appeals 2014).

Proving the Move is in Bad Faith

One of the strongest arguments an objecting parent can make is that the relocation is being done in bad faith. If you can prove that your co-parent is moving primarily to interfere with your visitation rights, the court is much more likely to deny the request. Evidence of bad faith might include past instances of the co-parent withholding the child, alienating behaviors, or moving to an area where they have no job prospects or family support simply to create physical distance between you and the child.

Demonstrating Harm to the Child's Relationship

You must demonstrate how the move will harm your relationship with your child. If you are highly involved in your child's daily life-coaching their soccer team, helping with homework, and spending significant time with them-a long-distance move would sever that daily bond. You will need to show the court that standard long-distance parenting plans (like spending only summers and holidays together) are not an adequate substitute for the frequent, meaningful contact you currently share.

Weighing the 11 Relocation Factors (Wash. Rev. Code § 26.09.520)

When deciding whether to allow the move, the judge will meticulously weigh the 11 factors outlined in Wash. Rev. Code § 26.09.520. These include:

• The strength of the child's relationship with each parent.
• Prior agreements the parents made regarding relocation.
• Whether disrupting the current contact would be more detrimental than the move itself.
• The reasons for moving and the reasons for objecting.
• The age, developmental stage, and specific needs of the child.
• The quality of life, resources, and opportunities available in the new location compared to the current location.
• Alternatives to relocation and whether it is feasible for the objecting parent to move as well.

How Much Does an Objection Cost?

Filing an objection triggers a contested legal battle. The initial court filing fees for the objection and temporary orders generally range from $50 to $100 depending on the county. However, the primary cost will be attorney fees. Relocation trials require extensive evidence gathering, depositions, and sometimes the hiring of a Guardian ad Litem (GAL) or child psychologist to evaluate the best interests of the child. A GAL retainer in Washington typically starts at around $2,500 to $4,000, and overall attorney fees for a full relocation trial can range from $10,000 to $30,000 or more.

How Long Will the Case Take?

While you must file your objection within 30 days, the actual trial will take much longer. Temporary orders are usually heard within a few weeks of filing. However, getting a final decision at a trial in busy jurisdictions like the Pierce County Superior Court, Tacoma or the Thurston County Superior Court, Olympia can take 6 to 12 months. During this waiting period, the child generally must remain in their current school district under the temporary orders.

Frequently Asked Questions (FAQ)