Washington Child Custody Legal Questions

No not at this point. However, given that you were in prison, even if you had not signed the termination, the court likely would have terminated your rights, depending on the crime, the amount of time you had previously spent with your son and whether you were the legal not just the biological father of the child.... Read Answer

You should contact an attorney that specializes in adoptions. I do not specialize in adoptions. In all likelihood, you are going to have a very difficult time trying to undue and adoption that was completed 3 years ago. That would probably unravel the whole adoption system. However, based on what rights of contact or visitation that you retained, you may be able to petition the Court to enforce those rights. Again, contact a family law attorney who frequently works adoption cases.... Read Answer

First, has the father's paternity been established legally. If not, he needs to do that immediately as he has no rights to the child otherwise. Second, he can allege she abandoned the child, if he files for a parenting plan, depending on whether she provided any information about her intention to return. Third, when he files to establish a parenting plan, he can ask for child support at the same time. If she isn't working, income will be imputed to her. He should get a lawyer so this is done right to protect the child from going back and forth whenever she decides to return.... Read Answer

Your friend needs to either talk to a counselor or teacher who has a duty to report to CPS or turn himself in to juvenile court and say he won't go home because of the abuse. This will get him out of the household and into a safe place. At 15 he is not competent to sue because he is a child. Until he is a legal adult he can only seek the protection of the juvenile court to get him out of the household.... Read Answer

In WA. state, the only way a father can sign away his rights is if another is willing to adopt the child you cannot run away from being a parent. If that were allowed, no one would be paying child support and the Sate would have to support all of these kids whose father's want to avoid paying child support by signing away their rights. Its a common misconception.... Read Answer

There is no next step. A parent can not just sign away his rights. If you are not married to him and do not depend on any public benefits for the child and neither one of you has done anything to establish his legal paternity, then nothing will happen. He does not get to see the child and you won't get child support. If you are getting benefits, then the state will go after him for child support so as not to burden the tax payer with the expense. However, he or you would have to take an active step for him to get to see the child. If there is someone who wants to adopt the child e.g. a new spouse, then rights can be terminated as part of the adoption process.... Read Answer

You don't explain who the "they" are. A 16 year old who runs away is a run away. When he/she is picked up that is what is addressed unless the police have reason to believe the child is high or in possession of drugs/alcohol/paraphanalia, there would be no further inquiry on that subject. If a boyfriend or girlfriend is involved, that child too would be investigated only if there is adequate cause. If the boy/girlfriend is an adult, then the query would be whether the age difference justifies prosecution for a sexual offense against a minor. If your situation is such that you are leaving home because you are being abused, then turn yourself over to child protective services or juvenile court and seek protection. If you're running away for other reasons, stay put and wait until you're an adult. It's only another two years.... Read Answer

Emancipation rules don't apply to your situation. Support continues until son does not enroll in school and summer doesn't count. If son say in June he is not going back in the fall, you would have to go to court to get support terminated. Or basically, if he doesn't graduate, then you need an agreed order from the other parent that support has terminated. It is not enough that the other parent "agrees" that support is over.... Read Answer

You are utterly confused. If the health insurance available to the mother is through her husband, falls within the criteria under which she is required to provide coverage, then there is nothing wrong with it being the husband's insurance not hers. This has no impact on each of your duties to pay your pro rata shares of uncovered medical. It may, if you also have health insurance for the kids, reduce the amount of uncovered expenses. Nor does this have any impact on decision making as that is a parenting plan issue not a child support issue and covered by a different body of law. If she is in arrears, and the husband works and she doesn't you may be able to persuade the court to order that their bank account be garnished. You can also do that through support enforcement, which will garnish any bank account that has her name on it. It doesn't require a court order. If she is working, DCS should be garnishing her wages. You are right, her husband has no standing in this case, but his insurance is available and usable by the mother for the children and therefore the court would find it acceptable to meet her obligation for coverage.... Read Answer

However, if you're a visitor here, do you normally live in the same country as the child. The country in which the child lives has jurisdiction. So where she was born is not relevant. Where the child is now is what's relevant. If she isn't where you are, any action needs to be filed where she is not where you are.... Read Answer

If the child is in Washington, you need to file a parentage action in the county in which the child resides. You will have to pay for the lawyer as there are no free lawyers for these purposes. In the parentage action, you will then ask the court to order a DNA test. I don't know how this will be coordinated between two continents, but I'm sure there is a way. In any case, you may not need to do this if both parents agree you are the father.... Read Answer

Is there somebody willing to step in and take over as dad? Then maybe the court will allow it. Are you able to provide financially without the help of dad. Then maybe the court will allow it. If you are receiving any sort of government assistance, the state will object and the court will not allow it. Please note that in all of these answers, you have to go to court to get his rights terminated. If you really want to do this, talk with a local family law attorney.... Read Answer