Question Details:I have been divorced since 2004. I am the primary parent for my daughter who is now 15. I would like to move to Scotland. I am a Pastor and will be opening a ministry there. My ex-husband would fight me on taking my daughter; it was a bitter divorce. He does have visitation now one weekend a month and on Wednesday afternoons. What would the process be for me to take her? Can she be emancipated, or is there any other doorway that at her age a child can do what they want to do or must she wait until she is legally 18?
The first thing you need to do is file an Intent to Relocate, which is a Washington State pattern form. The Intent to Relocate is a form where you disclose your future plans in Scotland for your daughter: address, schools, reason for moving, etc. Your ex then needs to be served with this. He will then respond, and a hearing date will be set to determine if the move will be allowed. Please give me a call to talk about your relocation, which is a big part of our practice.
Clint Morgan
360.357.5700

I'd suggest that you at least talk to an attorney about this. It's an area of the law that has been seeing changes in recent years (in your favor), but the petition you'd have to file with the court for permission involves some fairly complex legal issues. One of the largest would be figuring out how your ex-husband would be able to maintain his relationship with your daughter, since the monthly weekend is likely to become impractical; solutions include longer vacation periods, internet contact, and sometimes travel expense sharing between both parents. You'll also need to convince the court that the educational and social opportunities for your daughter will be at least as much in her interests as those she has now.

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