A Washington Objection about Moving with Children is a legal document that is filed in court when one parent wishes to relocate with the minor child or children of the parties. This document is used to object to the relocation of the minor child or children and is filed by the non-relocating parent. A Petition about Changing a Parenting/Custody Order (Relocation) is a legal document that is filed in court when a parent wishes to modify a parenting/custody order to reflect the relocation of the minor child or children of the parties. This document is used to request the court to modify the existing custody and parenting plan to reflect the relocation and can be filed by either parent. There are two types of Washington Objections about Moving with Children and Petitions about Changing a Parenting/Custody Order (Relocation): a Motion to Modify and an Emergency Motion. A Motion to Modify is a legal document that is filed in court when a parent wishes to modify a parenting/custody order to reflect the relocation of the minor child or children of the parties. This document requests a change to the existing parenting/custody order, and can be filed by either parent. An Emergency Motion is a legal document that is filed in court when a parent wishes to modify a parenting/custody order to reflect the relocation of the minor child or children of the parties on an expedited basis. This document requests an emergency hearing to modify the existing parenting/custody order, and can be filed by either parent.
Washington Objection about Moving with Children and Petition about Changing a Parenting/Custody Order (Relocation)
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FAQ
The term ?191 factor? comes from a section number of the Revised Code of Washington (RCW) ending in ?191.? The full citation of the code section is RCW 26.09. 191. Generally speaking, 191 factors are any dangers, such as abuse and addictions, which bear on the emotional and physical safety of the child in issue.
If the custodial parent wants to move outside of the child's existing school and Washington's relocation law applies, then the custodial parent has to provide written notice about the move to the non-custodial parent. The custodial parent is required to provide this notice at least 60 days before the move.
When a parent is awarded primary physical custody of a child (custodial parent), the other (noncustodial) parent will have regular visitation rights under Washington's child custody guidelines. At a minimum, the noncustodial parent must receive one weeknight visit and every other weekend.
In Washington State, when two unmarried parents have a child, custody defaults to the mother. However, if paternity is established for the father, his rights as a parent will hold equal weight in court.
191 requires the Court consider evidence (including arrests and convictions) relating to criminal acts, domestic violence, substance abuse, and child abuse, neglect, and abandonment. The Court must evaluate claims that a parent has an impairment which interferes with a parties' performance of parenting functions.
Ing to the Washington State Code Chapter 9a. 40.060, custodial interference in the first degree is when a relative of a minor child takes, detains, retains, or conceals the child with the intent to deny access to a person with legal custodial rights.
There is no set age at which a child can refuse visitation in the state of Washington. The courts will never sanction a parent if they have an independent child who simply refuses to visit the other spouse. If a parent is preventing visits, the judge can enforce the visitation order or even hold the parent in contempt.
The law in Washington ?presumes? that in most situations, a parent's request to relocate will be allowed. This means that the judge will assume that moving with the child is in the child's best interests. However, the other parent can object to the move and try to convince the judge to not allow the move.