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Roger
Roger, Attorney
Category: Family Law
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In Wa state - when divorce was filed online & both parties

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In Wa state - when divorce was filed online & both parties agreed to joint custodial rights - can the mother then take the kids to live out of state away from the father who cannot move due to job responsibilities?

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

UNLESS there is a court order in place that states that the mother cannot move out of state - - such as a custody order - - then the mother can take the children wherever she wants. Similarly, the father could do the same thing.

That's why it is very important for the parties to enter into a custody agreement BEFORE the mother vacates the state. It would still be possible to accomplish this if they were to leave the state, but it would take a lot of time and effort.

If the father is afraid of the mother leaving the state, he can request a temporary custody order that requires the mother to remain in the state with the children.

Customer: replied 3 years ago.
This parental document was filed with the court & the (I guess) ex wife has now filed legal papers with her intention to move out of state with the 2 children. The husband has no recourse other than what you already stated? She just came back from a visit to the state to which she wants to move - could she have filed there also & if so, is all lost to the father of the children?

The ONLY way the husband can stop the mother from leaving with the children is by getting an order prohibiting her from leaving the state with the children.

If there's no court ORDER in place that prohibits her from leaving, then he can't stop her - - EXCEPT for taking custody of the children and not letting them leave. However, the better thing to do is to file a motion and get a court order stopping the mother instead of taking this into his own hands.

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