F.T.

*7 Opinion

FT. (Father) appeals an order denying his motion to move with his son, J.J. (Child), to the State of Washington. On appeal, Father contends (1) he has a presumptive right to change Child’s residence and L.J., Child’s mother (Mother), did not carry her initial burden to show Child would suffer detriment were he to move with Father to Washington; (2) the trial court did not apply the proper legal standards in determining whether his move-away motion should be granted; and (3) Mother’s criminal conviction for battering Child raises a rebuttable, if not conclusive, presumption that Mother should not have custody of Child.

FACTUAL AND PROCEDURAL BACKGROUND

In January 2006, Child was bom to Mother and Father, who had dated for five or six months. Child resided with Mother from his birth through February 17, 2007. On February 17, Mother burned Child’s arm with a hot curling iron, apparently to teach him a lesson by showing him how hot it was. When Father picked up Child that evening, he observed Child’s bum injury and took him to the hospital. A hospital employee apparently called child protective services (CPS) and the police. Based on the advice of a CPS worker and…