Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).

The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.

Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.

Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.

In Washington State, parental relocation with a child from a previous relationship is governed by the state's Relocation Act. When a parent with custody (the relocating parent) plans to move, they must provide notice to the other parent. This notice must be given well in advance, typically at least 60 days before the intended move if the new residence is more than 60 miles away from the other parent. The non-relocating parent then has the option to object to the move by filing an objection with the court. If an objection is filed, the court will determine whether the relocation is in the best interest of the child. Factors considered include the reasons for the intended relocation, the relationship between the child and each parent, and the impact on the child's development and quality of life. The court will also consider the child's wishes if they are of sufficient age and maturity. If the parents have a child custody agreement or court order with geographic restrictions, a parent must seek a modification of the order to relocate outside of those restrictions. The court will again focus on the best interests of the child when deciding whether to grant the modification. It's important to note that failure to comply with the Relocation Act or court orders regarding relocation can result in legal consequences, including contempt of court. Parents considering relocation should consult with an attorney to understand their rights and obligations under Washington law.