mjr
recently joined
Reged: 05/17/05
Posts: 3
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Help!
My husband is currently stationed in WA. He left me and the kids and filed for divorce :shocked:(no warning we had not discussed divorce I would have never thought in a million years that we would get divorced all seemed good) within 20 days. I now know why he left ..... for "her" :mad:. We are both NV residents and had planed to move home when he finished his enlistment in Sept. but now because he has her and she lives here he's desided to stay here and has filed restraining/temporary orders so that I can not take the kids out of state.
Washington relocation.
SUMMARY OF RCW 26.09.430 - .480, REGARDING RELOCATION OF A CHILD.
This is a summary only. For the full text, please see RCW 26.09.430 through 26.09.480.
If the person with whom the child resides a majority of the time plans to move, that person shall give notice to every person entitled to court ordered time with the child.
If the move is outside the child's school district, the relocating person must give notice by personal service or by mail requiring a return receipt. This notice must be at least 60 days before the intended move. If the relocating person could not have known about the move in time to give 60 days notice, that person must give notice within 5 days after learning of the move. The notice must contain the information required in RCW 26.09.440. See also DRPSCU 07.0500 (Notice of Intended Relocation of A Child.).
If the move is within the same school district, the relocating person must provide actual notice by any reasonable means. A person entitled to time with the child may not object to the move but may ask for modification under RCW 26.09.260.
Notice may be delayed for 21 days if the relocating person is entering a domestic violence shelter or is moving to avoid a clear, immediate and unreasonable risk to health and safety.
If information is protected under a court order or the address confidentiality program, it may be withheld from the notice.
A relocating person may ask the court to waive any notice requirements that may put the health and safety of a person or a child at risk.
Failure to give the required notice may be grounds for sanctions, including contempt.
If no objection is filed within 30 days after service of the notice of intended relocation, the relocation will be permitted and the proposed revised residential schedule may by confirmed.
A person entitled to time with a child under a court order can file an objection to the child's relocation whether or not he or she received proper notice.
An objection may be filed by using the mandatory pattern form WPF DRPSCU 07.0700, (Objection to Relocation/Motion for Modification of Custody Decree/Parenting Plan/Residential Schedule (Relocation)). The objection must be served on all persons entitled to time with the child.
The relocating person shall not move the child during the time for objection unless: (a) the delayed notice provisions apply; or (b) a court order allows the move.
If the objecting person schedules a hearing for a date within 15 days of timely service of the objection, the relocating person shall not move the child before the hearing unless there is a clear, immediate and unreasonable risk to the health or safety of a person or a child.
My husband, sweet as he is, has asked that if I move, that I be responcible for [i]all[/i] transportation costs. I know it's not final yet, but is there anyway for me to use our NV residencey? The only reson WA has juristiction is because he's in the military.
Any help please
Thank you
[color:purple] [/color] MJR
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ZeeBabester
journeyman
Reged: 09/06/04
Posts: 66
Loc: CT, by the shore, with my hub...
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Bottom line is this...you can go...the kids have to stay, the only way to remove them is by a court order or agreement between the parties. WA is the kids "home state" and as such has jurisdiction over them. That you were once NV residents means nothing in child removal cases. The state in which the children have resided for the preceding 6 months is considered their home state and shall determine all custody issues. Check out the UCCJA & the UCCJEA (just do a google search) for more information.
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~Domestic Goddess~
~All should worship at the altar that is I~
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