Move Away Washington State

[roam_mt]

Hello. My husband and I have custody of his 12 year old son. Custody was determined in Washington State, but we reside in Montana. My husband was just offered a job promotion ($10 per hour raise) but it would require us to move to Oregon. His ex has 2nd and 4th weekend of each month visitaion. This move would require her, as well as us, an extra hour each way every weekend (4 hours total for the weekend). I know that we need to provide notice that we are planning to move.  She would have an extra 4 hours or so each weekend to drive (which I understand is frustrating as we will have to do the same thing), but the quality of life that this will provide for our family (including her son) should outway this.


1. Where my confusion lies is, do we just have to provide her the notice in writing or does it have to be filed with the courts?

2. Should we need to hire an attorney?

3. I have a gut feeling she is going to try to fight us on this. In your honest opinion do you think she has a chance of preventing the move?

4. Is there a certain form or way we need to write this notice to her?

Thank you so much for your time.

[roam_mt]

Hello. My husband and I have custody of his 12 year old son. Custody was determined in Washington State, but we reside in Montana. My husband was just offered a job promotion ($10 per hour raise) but it would require us to move to Oregon. His ex has 2nd and 4th weekend of each month visitaion. This move would require her, as well as us, an extra hour each way every weekend (4 hours total for the weekend). I know that we need to provide notice that we are planning to move.  She would have an extra 4 hours or so each weekend to drive (which I understand is frustrating as we will have to do the same thing), but the quality of life that this will provide for our family (including her son) should outway this.


1. Where my confusion lies is, do we just have to provide her the notice in writing or does it have to be filed with the courts?

2. Should we need to hire an attorney?

3. I have a gut feeling she is going to try to fight us on this. In your honest opinion do you think she has a chance of preventing the move?

4. Is there a certain form or way we need to write this notice to her?

Thank you so much for your time.

[socrateaser]

>1. Where my confusion lies is, do we just have to provide her
>the notice in writing or does it have to be filed with the
>courts?

Depends upon the law of MT and the exact text of your court orders.

>
>2. Should we need to hire an attorney?

Not necessarily. Depends on your ability to cooperate with the other parent.

>
>3. I have a gut feeling she is going to try to fight us on
>this. In your honest opinion do you think she has a chance of
>preventing the move?

Probably not, but the court will almost certainly make you bear the entire burden of any increased transportation costs and time.

>
>4. Is there a certain form or way we need to write this notice
>to her?

Depends on MT law and your orders. Why don't you sit down and discuss it. If you agree to absorb the additional transportation costs, then maybe she won't fight.