Revised Code of Washington
Chapter 26.09 - Dissolution Proceedings—Legal Separation.
26.09.520 - Basis for determination.

RCW 26.09.520
Basis for determination.

The person proposing to relocate with the child shall provide his or her reasons for the intended relocation. There is a rebuttable presumption that the intended relocation of the child will be permitted. A person entitled to object to the intended relocation of the child may rebut the presumption by demonstrating that the detrimental effect of the relocation outweighs the benefit of the change to the child and the relocating person, based upon the following factors. The factors listed in this section are not weighted. No inference is to be drawn from the order in which the following factors are listed:
(1) The relative strength, nature, quality, extent of involvement, and stability of the child's relationship with each parent, siblings, and other significant persons in the child's life;
(2) Prior agreements of the parties;
(3) Whether disrupting the contact between the child and the person seeking relocation would be more detrimental to the child than disrupting contact between the child and the person objecting to the relocation;
(4) Whether either parent or a person entitled to residential time with the child is subject to limitations under RCW 26.09.191;
(5) The reasons of each person for seeking or opposing the relocation and the good faith of each of the parties in requesting or opposing the relocation;
(6) The age, developmental stage, and needs of the child, and the likely impact the relocation or its prevention will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child;
(7) The quality of life, resources, and opportunities available to the child and to the relocating party in the current and proposed geographic locations;
(8) The availability of alternative arrangements to foster and continue the child's relationship with and access to the other parent;
(9) The alternatives to relocation and whether it is feasible and desirable for the other party to relocate also;
(10) The financial impact and logistics of the relocation or its prevention; and
(11) For a temporary order, the amount of time before a final decision can be made at trial.

[ 2019 c 79 § 3; 2000 c 21 § 14.]
NOTES:

Intent—Captions not law—2000 c 21: See notes following RCW 26.09.405.

Structure Revised Code of Washington

Revised Code of Washington

Title 26 - Domestic Relations

Chapter 26.09 - Dissolution Proceedings—Legal Separation.

26.09.002 - Policy.

26.09.003 - Policy—Intent—Findings.

26.09.004 - Definitions.

26.09.006 - Mandatory use of approved forms.

26.09.010 - Civil practice to govern—Designation of proceedings—Decrees.

26.09.013 - Interpretive services—Literacy assistance—Guardian ad litem charges—Telephone or interactive videoconference participation—Residential time in cases involving domestic violence or child abuse—Disclosure of information—Supervised visitatio...

26.09.015 - Mediation proceedings.

26.09.016 - Mediation in cases involving domestic violence or child abuse.

26.09.020 - Petition—Dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning validity of marriage or domestic partnership—Contents—Parties—Certificate.

26.09.030 - Petition for dissolution of marriage or domestic partnership—Court proceedings, findings—Transfer to family court—Legal separation in lieu of dissolution.

26.09.040 - Petition to have marriage or domestic partnership declared invalid or judicial determination of validity—Procedure—Findings—Grounds—Legitimacy of children.

26.09.050 - Decrees—Contents—Restraining orders—Enforcement—Notice of termination or modification of restraining order.

26.09.060 - Temporary maintenance or child support—Temporary restraining order—Preliminary injunction—Domestic violence or antiharassment protection order—Notice of termination or modification of restraining order—Support debts, notice.

26.09.070 - Separation contracts.

26.09.080 - Disposition of property and liabilities—Factors.

26.09.090 - Maintenance orders for either spouse or either domestic partner—Factors.

26.09.100 - Child support—Apportionment of expense—Periodic adjustments or modifications.

26.09.105 - Child support—Medical support—Conditions.

26.09.110 - Minor or dependent child—Court appointed attorney to represent—Payment of costs, fees, and disbursements.

26.09.120 - Support or maintenance payments—To whom paid.

26.09.135 - Order or decree for child support—Compliance with RCW 26.23.050.

26.09.138 - Mandatory assignment of public retirement benefits—Remedies exclusive.

26.09.140 - Payment of costs, attorneys' fees, etc.

26.09.150 - Decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity—Finality—Appeal—Conversion of decree of legal separation to decree of dissolution—Name of party.

26.09.160 - Failure to comply with decree or temporary injunction—Obligation to make support or maintenance payments or permit contact with children not suspended—Penalties.

26.09.165 - Court orders—Required language.

26.09.170 - Modification of decree for maintenance or support, property disposition—Termination of maintenance obligation and child support—Grounds.

26.09.175 - Modification of order of child support.

26.09.181 - Procedure for determining permanent parenting plan.

26.09.182 - Permanent parenting plan—Determination of relevant information.

26.09.184 - Permanent parenting plan.

26.09.187 - Criteria for establishing permanent parenting plan.

26.09.191 - Restrictions in temporary or permanent parenting plans.

26.09.194 - Proposed temporary parenting plan—Temporary order—Amendment—Vacation of order.

26.09.197 - Issuance of temporary parenting plan—Criteria.

26.09.210 - Parenting plans—Interview with child by court—Advice of professional personnel.

26.09.220 - Parenting arrangements—Investigation and report—Appointment of guardian ad litem.

26.09.225 - Access to child's education and health care records.

26.09.231 - Residential time summary report.

26.09.255 - Remedies when a child is taken, enticed, or concealed.

26.09.260 - Modification of parenting plan or custody decree.

26.09.270 - Child custody—Temporary custody order, temporary parenting plan, or modification of custody decree—Affidavits required.

26.09.280 - Parenting plan or child support modification or enforcement—Venue.

26.09.285 - Designation of custody for the purpose of other state and federal statutes.

26.09.290 - Final decree of dissolution nunc pro tunc.

26.09.300 - Restraining orders—Notice—Refusal to comply—Arrest—Penalty—Defense—Peace officers, immunity.

26.09.310 - Provision of health care to minor—Immunity of health care provider.

26.09.315 - Child custody issues—Abduction by parent—Information.

26.09.320 - Child support—Procedures for abatement based on incarceration—Rebuttable presumption of inability to pay—Reinstatement of support obligation.

26.09.325 - Child support—Who may make request for abatement based on incarceration—Procedures when multiple orders requiring incarcerated person to pay support exist.

26.09.330 - Child support—Department duties when order contains abatement language and obligated person is incarcerated—Procedures.

26.09.335 - Child support—Department duties when order does not contain abatement language and obligated person is incarcerated—Procedures.

26.09.340 - Child support—Requests for reversal or termination of abatement based on incarceration—Procedures.

26.09.405 - Applicability.

26.09.410 - Definitions.

26.09.420 - Grant of authority.

26.09.430 - Notice requirement.

26.09.440 - Notice—Contents and delivery.

26.09.450 - Notice—Relocation within the same school district.

26.09.460 - Limitation of notices.

26.09.470 - Failure to give notice.

26.09.480 - Objection to relocation or proposed revised residential schedule.

26.09.490 - Required provision in residential orders.

26.09.500 - Failure to object.

26.09.510 - Temporary orders.

26.09.520 - Basis for determination.

26.09.525 - Substantially equal residential time.

26.09.530 - Factor not to be considered.

26.09.540 - Objections by nonparents.

26.09.550 - Sanctions.

26.09.560 - Priority for hearing.

26.09.900 - Construction—Pending divorce actions.

26.09.901 - Conversion of pending action to dissolution proceeding.

26.09.902 - RCW 26.09.900 and 26.09.901 deemed in effect on July 16, 1973.

26.09.907 - Construction—Pending actions as of January 1, 1988.

26.09.909 - Decrees entered into prior to January 1, 1988.

26.09.910 - Short title—1987 c 460.

26.09.911 - Section captions—1987 c 460.

26.09.912 - Effective date—1987 c 460.

26.09.915 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

26.09.916 - Rule-making authority—2020 c 227.