Winning a Relocation Case in Washington: Success Factors & Odds

Relocation cases are among the most emotionally charged and complex issues in family law. When a custodial parent plans to move with their child, it can dramatically affect the non-custodial parent's relationship with that child.

The seasoned Spokane child custody attorneys at Hodgson Law Office understand the anxiety and uncertainty that surrounds these cases. With decades of combined experience in the field, we've witnessed firsthand how relocation disputes can transform families.

Our team has represented both custodial parents seeking to relocate and non-custodial parents fighting to maintain their parental bonds. Whether you're planning or opposing a move, understanding your odds of winning a relocation case is crucial for developing an effective legal strategy.

Washington State Child Relocation Laws Explained

Washington State follows specific laws concerning child relocation cases.

Under RCW 26.09.405–560, a custodial parent who plans to relocate with a child must provide proper notice to the non-custodial parent and anyone else with court-ordered time with the child. The notice must be given at least 60 days before the intended move, and it must include:

• The new address (if available)
• Up-to-date contact information
• A brief explanation of the reasons for relocation
• A proposed revised parenting plan

If the non-custodial parent objects to the relocation request, they must file a formal Objection About Moving With Children within 30 days of receiving the notice. Once they’ve done so, the court will schedule a hearing to determine whether the relocation should be permitted.

A key aspect of Washington's relocation law is that it creates a rebuttable presumption in favor of allowing the relocation. This means that the court presumes the relocation should be permitted unless the non-custodial parent can overcome this presumption with compelling evidence.

What Are the Odds of Winning a Relocation Case?

Securing a successful outcome in a relocation case hinges on several factors, including the following:

For Custodial Parents Seeking to Relocate

If you're the parent seeking to relocate with your child, Washington law generally favors your position. As noted, the law creates a rebuttable presumption that the relocation will be permitted, placing the burden on the non-custodial parent to prove that the negative impact of the move outweighs its benefits.

Factors that may improve your odds of success include:

• Legitimate, compelling reasons for the move, such as:
  • A better job opportunity
  • Educational advancement
  • Marriage or being closer to a support system
  • Military transfer
• Detailed plans for maintaining the child's relationship with the non-custodial parent, including:
  • A comprehensive visitation schedule
  • Provisions for virtual communication
  • Transportation arrangements
  • Extended visits during summer and holidays
• Evidence of being the child's primary caretaker and maintaining a stable environment

The child's preference will also be taken into consideration if they're old enough for the court to acknowledge their opinion.

For Non-Custodial Parents Opposing Relocation

If you're the non-relocating parent, you face a significant challenge. You must overcome the legal presumption favoring relocation by providing clear and convincing evidence that the relocation would be detrimental to your child in some way.

Some of the factors that could sway the case in your favor include:

• Demonstrating significant involvement in your child's life, including:
  • Regular and consistent visitation
  • Active participation in education, healthcare, and extracurricular activities
  • A strong emotional bond with the child
• Proving that the relocation lacks a legitimate purpose or is intended to interfere with your relationship with the child
• Showing that the move would harm the child's emotional, physical, or educational well-being
• Proposing a realistic alternative custody arrangement that would be in the child's best interests
• Presenting evidence of the child's strong ties to their current community, school, friends, and extended family

Preventing the relocation will require a combination of high-quality material evidence, well-reasoned arguments, and personal testimony, potentially including that of your child.

Factors Courts Consider in Relocation Cases

Washington courts must account for specific factors outlined in RCW 26.09.520 when deciding relocation custody cases. Understanding what these are and how they relate can improve your chances of success.

The Child's Best Interests

Above all other considerations, the court will prioritize the child's best interests. This overarching principle guides all decisions in child relocation cases.

Specific Statutory Factors

The court will also evaluate the following aspects of your situation:

• The strength, nature, quality, extent of involvement, and stability of the child's relationship with each parent, siblings, and other significant people in the child's life.
• Prior agreements between the parents.
• Whether disrupting the contact between the child and the relocating party would be more detrimental than disrupting contact with the non-relocating party.
• Whether either parent has a history of domestic violence, neglect, or interference with the other parent's contact with the child.
• The reasons for seeking or opposing the relocation and the good faith of each party.
• The age, developmental stage, and needs of the child and the likely impact the relocation will have on their development.
• The quality of life, resources, and opportunities available to the child and the relocating party in the current and proposed locations.
• The availability of alternative arrangements to continue and foster the child's relationship with the non-relocating party.
• The alternatives to relocation and whether it’s feasible and desirable for the other party to relocate as well.

As you can see, a lot goes into making a decision in a relocation case, making it one of the most carefully deliberated — and potentially contentious — types of cases in the realm of family law.

Statistical Insights: Who Typically Wins Relocation Cases?

While every case is unique, certain patterns emerge when analyzing relocation case outcomes:

• Custodial parents have higher success rates overall, with estimates suggesting that they win approximately 60%–70% of contested relocation cases in Washington State.
• Relocations for employment opportunities with significantly better compensation tend to be approved more frequently.
• Courts may view moves related to remarriage favorably, depending on several factors.
• Relocations that appear motivated by a desire to limit the other parent's involvement are frequently denied.
• Cases involving a history of domestic violence may see higher approval rates when the relocating parent is the victim.

It's important to note that these statistics represent general trends and should not be taken as guarantees. Your specific circumstances will ultimately determine the outcome of your case.

How to Improve Your Chances of Winning a Relocation Case

The difference between success and failure in relocation cases often comes down to preparation and strategy. Based on our experience representing Washington families, we've identified the following promising approaches for both custodial and non-custodial parents.

For Custodial Parents Seeking to Relocate

• Provide genuine, cogent reasons for the proposed move.
• Develop a detailed, workable plan to maintain the child's relationship with the non-relocating parent.
• Document your role as the child's primary caretaker.
• Be transparent about your intentions and willingness to accommodate reasonable visitation.
• Gather evidence of better opportunities (schools, housing, support systems, etc.) in the new location.

For Non-Custodial Parents Opposing Relocation

• Promptly file your objection within the 30-day timeframe.
• Document your active involvement in your child's life.
• Demonstrate the negative impact the move might have on your child.
• Offer the court viable alternatives to relocation or propose a custody modification.
• Gather evidence of your child's connections to their current location.

Helpful Resources for Washington Relocation Cases

We’ve curated a few resources that can provide additional information to help you understand the legal requirements and prepare for your relocation case:

• Washington Court Rules: Official guidelines covering relocation procedures and requirements for Washington families.
• WashingtonLawHelp.org relocation guide: Free, detailed guide to the state’s relocation laws, including required notice forms, objection procedures, and timelines.
• DSHS Division of Child Support: State-provided resources for addressing child support modifications related to relocation.
• Spokane County Family Court: Local court information, including filing procedures and required forms.

Managing a child relocation case requires particular legal knowledge and strategic planning. Having a trusted family law attorney on your side can greatly improve your chances of success.

Get Trustworthy Legal Help with Your Relocation Case

The dedicated team of Spokane child custody attorneys at Hodgson Law Office has helped numerous clients through this challenging process. We understand the complexities of Washington's relocation laws and can help you build a solid case based on your unique circumstances.

Contact us today to schedule a free consultation and discuss your situation with a compassionate family law professional.