Can I Move Out of State with My Kids After Divorce in WA?

If you're divorced in Washington and want to move out of state with your kids, it's not as simple as just deciding to go.

Washington law focuses on what’s best for the child and prioritizes keeping a strong relationships with both parents. If you and your ex share residential time roughly equally, the other parent has a say in big decisions, like moving.

You’re required to give notice to the other parent before moving. If they disagree with the move, you'll need to work through a dispute resolution process to settle the issue.

There are 3 primary avenues for getting dispute resolution support.

1) Mediation. You and your co-parent parent hire a trained, neutral mediator or co-parenting coach to help the two of you come to a solution.

2) Collaborative Process. You and your co-parent hire a team of professionals (including a collaborative attorney for each of you, a coach, and potentially a child specialist) to support you through a supported process to find a solution that works best for your family.

Meditation and Collaborative are usually less stressful than going to court. If no agreement is reached, litigation might be needed, which can be a long and expensive process.

3) Litigation. Both parents may hire a litigation attorney. Each party may also choose to represent themselves (this is called pro-se). If using attorneys, the attorneys may try to negotiate a solution. If they are unable to, you will go to court and a judge will decide what should happen. The judge might look at things like how the child's relationship to both parents, their age and developmental stage, their school, their community, etc. The parent wanting to move may have to show that it’s in the child’s best interest and won’t hurt their relationship with the other parent.

The court’s main goal is to protect the child’s connection to both parents, so it’s important to get legal advice early and explore ways to reach an agreement.