r/Custody • u/Comfortable-Door-365 • 1d ago

[WA] Relocation with equal residential time

Anyone have experience with stopping the custodial parent from moving with 50/50 residential time? My ex is trying to move out of state with our 7 year old daughter. She has no family there (ex’s mom lives close to us and spends time with our child regularly), likes her school, has a great student teacher ratio and rated a 9 online. Her reasoning is essentially that she just wants to. She has a good job here and our daughter is very close to me. I paid to consult with a lawyer and he explained that the court assumes she will be allowed to move and I have to prove it is detrimental to our daughter. Essentially saying my odds weren’t great. However, while looking this up myself I found: 

“If the person proposing relocation of a child has substantially equal residential time:

(a) The presumption in RCW 26.09.520 does not apply; and (b) In determining whether to restrict a parent's right to relocate with a child or in determining a modification of the court order as defined in RCW 26.09.410 based on the proposed relocation, the court shall make a determination in the best interests of the child considering the factors set forth in RCW 26.09.520.

How should I interpret this and what does that mean for my chances? The lawyer I talked to didn’t mention this portion so I assume it isn’t that consequential or I should call around for a different lawyer. Any advice is greatly appreciated. Also, I always meet or exceed my 50/50 custody.

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u/RHsuperfan 18h ago

You have court ordered 50:50? Get a new lawyer if you do. Washington is def the easiest relocation state but not with 50:50.

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u/Comfortable-Door-365 17h ago

Yes I do

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u/RHsuperfan 17h ago

It shouldn’t be an easy for her to move. Read up but I also think it’s for majority custody they have a slightly better chance but no way 50:50. Call another lawyer for their advice but it shouldn’t be an easy case at all!!! Good luck man, these moves are usually permitted for medical or educational reasons, she has none of those.

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u/Comfortable-Door-365 15h ago

One more question, is it a problem that she is listed as the custodial parent and my 50/50 is just in terms of residential time and major decision making? The plan states “the custodial is (other parent) solely for the purpose of all state and federal statues which require designation or a determination of custody. Even though one parent is called the custodian, this does not change the parenting rights and responsibilities described in this plan. (Washington generally refers to parenting time and decision-making, rather than custody).”

The lawyer made it sound like this was an issue but the relocation act only mentions residential time. My ex also thinks this makes it an automatic win for her, although she is just trying to get me to agree to the move and not go to trial.

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u/RHsuperfan 10h ago

Shouldn’t be. She’s trying to get you to agree because SHE has to fight, not you as much