Can a Parent Move Out of State With a Child in Washington?

What Does Washington Law Say About Relocating a Child?

Washington’s relocation statute — found in RCW 26.09.405 through 26.09.560 — sets out a detailed process that parents must follow before moving a child to a new residence, including out of state. These rules apply whenever there is an existing court-ordered parenting plan, whether it came out of a divorce, a legal separation, or a parentage action.

The law applies to the parent who has the child the majority of the time as well as to parents with substantial residential time. If you are unsure whether your parenting plan triggers these requirements, assume it does and consult an attorney before making any plans. In our experience, parents who assume they can move freely — because the other parent seems agreeable or because the plan is old — often find themselves in emergency court hearings they could have avoided.

What Notice Does the Relocating Parent Have to Give?

The relocating parent must serve written notice on every other person entitled to residential time with the child. Washington law sets a specific notice period — generally 60 days before the planned move, or within a short window after learning of the move if it is not foreseeable. The notice must include:

• The intended new address and contact information
• The proposed move date
• A brief statement of the reason for the move
• A proposed revised parenting plan if the move would affect the existing schedule
• A warning that the other parent must file an objection within a set period or the relocation may be permitted by default

The notice requirements are technical. Missing a required element or serving the wrong person can complicate your case. We recommend working with a family law attorney to prepare and serve the notice correctly the first time.

What Happens If the Other Parent Objects?

The non-relocating parent has a limited window — set by statute — to file a formal objection with the court. Once an objection is filed, the court must decide whether to allow the relocation. Washington law presumes that the relocation will be permitted, but the non-relocating parent can overcome that presumption by showing that the move is not in the child’s best interests.

The judge weighs a number of factors, including:

• The strength of each parent’s relationship with the child
• The child’s connection to extended family, school, and community in Spokane
• The reason for the proposed move and the reason for the objection
• The impact of the move on the child’s development and stability
• Whether a revised parenting plan can realistically preserve the child’s relationship with both parents
• Each parent’s willingness to support the child’s relationship with the other parent

Relocation hearings in Spokane County Superior Court can be highly contested. Judges take them seriously because the outcome directly shapes a child’s day-to-day life for years. Presenting a well-organized, evidence-backed case matters — and so does understanding the local judicial culture in Eastern Washington courts.

What If There Is No Existing Parenting Plan?

If no parenting plan is in place — for example, if you and the other parent were never married and no court has entered any custody order — the legal landscape is different but still risky. The other parent may seek an emergency order preventing the move, and courts can act quickly. Washington courts have jurisdiction over children who have lived in the state, and a judge can issue temporary orders limiting travel while a parenting plan is established. This situation is fact-specific, and you should speak with a Spokane family law attorney before making any move.

Can a Parent Ever Move Without Notice?

There are very narrow exceptions. If a parent has a documented, credible reason to believe that providing advance notice would put the child or the relocating parent at risk of domestic violence or harm, the court may waive or shorten the notice requirement. This is not a loophole — it requires a showing of genuine safety concerns and must be addressed through the court. It is not a strategy for avoiding a difficult conversation with a co-parent.

What Are the Consequences of Moving Without Following the Process?

Taking a child out of state without proper notice and court approval — or in violation of a court order — is treated very seriously in Washington. Possible consequences include:

• Contempt of court, which can result in fines or even jail time
• An emergency order requiring the child to be returned to Washington immediately
• A modification of the parenting plan that reduces your residential time
• Damage to your credibility in any future custody proceedings

In our experience, judges in Spokane County are not forgiving when a parent moves a child unilaterally. Even if the move itself might have been approved had proper notice been given, the way a parent handles the process tells the court a great deal about their willingness to co-parent and follow the rules.

What Should You Do If You Want to Relocate?

Start planning early. Sixty days goes by quickly, especially if you need time to prepare and serve proper notice, negotiate with the other parent, or prepare for a potential hearing. A few practical steps:

• Pull out your current parenting plan and read it carefully — some plans have additional relocation restrictions beyond what state law requires
• Talk with a family law attorney before you sign a lease, accept a job offer out of state, or tell your child about the move
• If the other parent is likely to agree, get that agreement in writing and have it incorporated into a modified parenting plan approved by the court
• If the other parent is likely to object, begin building your case now — document your reasons for moving, the opportunities the move creates, and your proposals for maintaining the child’s relationship with the other parent

Understanding the difference between legal and physical custody in Washington is also helpful context here — both types of custody rights can be affected by a relocation, and the parenting plan language matters.

How Can Schwab Law Help?

Our attorneys handle relocation matters regularly in Spokane County Superior Court and throughout Eastern Washington. Whether you are the parent who wants to move or the parent trying to keep your child close to home, we can help you understand your rights, prepare proper notices or objections, and represent you in court if necessary. Reach out to Schwab Law, P.L.L.C. at (509) 795-1894 to discuss your situation.

This article is general legal information, not legal advice. Every custody situation is different. Please consult a licensed Washington attorney about the specific facts of your case.

Key takeaways

• Washington law requires formal written notice — generally 60 days in advance — before a parent with a parenting plan can relocate a child out of state.
• The other parent has the right to object, and a judge will decide whether the move serves the child's best interests if the parents cannot agree.
• Moving a child without following the required process can result in contempt of court, an emergency return order, and reduced custody rights.
• Even if no parenting plan exists, taking a child out of state can trigger emergency court action — always consult an attorney first.
• Some parenting plans include additional relocation restrictions beyond state law, so read your specific plan carefully before making any decisions.

Frequently asked questions

Helpful resources

• Washington Relocation Statute — RCW 26.09.405 through 26.09.560
• Washington Courts — Family Law Resources
• Spokane County Superior Court

By Taylor Schaefer, Family Law Attorney · July 10, 2026 · Reviewed by the attorneys at Schwab Law, P.L.L.C.