Washington Child Custody Legal Questions

This is family nonsense that has little if any legal significance. I assume your daughter is an adult. If she has a serious criminal record or something like that and the siblings are worried about your mother's safety, they can call adult protective services. Since you didn't say why there is such an issue about your daughter, it's difficult to give advice. Don't promise things you don't intend to keep and don't sign things if you don't know what significance it might have.... Read More

You both seem to be in a world of make belief. Child support is the right of the child and there is no reason he should not pay it. All you have to do is either go to court to establish it or be truthful with DSHS and the state will establish child support to pay itself (the tax payer) back for any public benefits the child receives. If he wants to see the child, he needs to establish his legal paternity either in the action to establish child support (parentage petition) or if that is established first, in a petition to establish a parenting plan. There is no reason for you to not follow the appropriate legal process as this is detrimental to both you and more importantly, to the child.... Read More

If you both got a car for your son, presumably now that it is paid off, you will both transfer title to the son.If it was purchased during the marriage, it doesn't matter who paid, the payment was community property. The refund should be split, but may be so minimal (it usually is) that it hardly matters. The significant issue is ownership of the car. You didn't say to whom the car was assigned in the divorce or who was ordered to pay the remaining debt on it in the divorce. That's what counts.... Read More

You don't say what the source of your income is, but it's not enough in most places to live on your own. Given that you are a minor, the best way to leave legally is to talk to a school counselor or another adult you trust and who is knowledgeable about what resources are available in your area. Of course, if it's really extreme you can call CPS and ask for help. Otherwise, wait until you're 18 and then leave.... Read More

It depends. For starters there likely won't be much child support from the minor father. The father of the older children may end up going back to court to get primary care of the older children based on the mother's inappropriate conduct/mental health etc. At a minimum, if that father goes to court, a parenting plan investigation would likely ensue and a mental health evaluation of the mother may be ordered. Or nothing may happen since you provide no information about the father of the older children and the mother may just be stuck with a very immature father for the new baby.... Read More

You can file a petition to modify child support under the old cause number, and ask that support be continued (although the law says and I assume your order does too) that basic support lasts until the child turns 18 or graduates from high school whichever is last. In that petition you can ask for post secondary support as long as it is filed before the child graduates.... Read More

If the child's father is willing to relinquish his rights as you say, he can do a voluntary termination of rights in the context of an adoption, once the adoption is filed. In every adoption, a home study has to be done prior to the adoption being finalized. You should see an attorney to do the adoption. The home study may be a bit problematic since you are not married to the potential adoptive father, making the relationship somewhat less stable. It will lead to a fair number of questions by the social worker as to why you're not married if you've lived together all these years. So be prepared.... Read More

The question is was he ever declared to be your legal father in a court of law. This would be the case if there was a child support order or a parenting plan or some a custody order. In the absence of any such legal determination, some states allow a post mortem paternity test. All of that assumes of course, that he did not leave a will, name you as his child and then leave you nothing. If he did, then you get nothing as all that is required is that he name you.... Read More

First, he would have to prove (with a DNA test) that he is the father, unless your daughter agrees under oath that he is. He would have to pay for the test. If he is the biological father, he can ask to time to see the child. However, if he files, she is also free to file for child support. She can also file and get an order for child support without asking for a parenting plan. Depending on what he is criminally charged with, he will likely get to have some time with the child, although it would probably start out with supervised time. It sounds like the mother would like him to have a relationship with the child (why else would she be encouraging him to see the baby). Custody is WA is for purposes of other States and the federal government. It has nothing to do with who actually has time with the child or decision making authority. Both of these are determined by the parenting plan. Unless she has major issues (mental health, criminal) no one will deprive her of the child. The father, if he goes through with all of the above, will get some time with the child.... Read More

You don't say if you and the father are married. If you are, you both have equal rights to the child. That said you can file a habeas corpus action for unlawful withholding of the child. If you are not married and have not been in court to establish a parenting plan, the father has no right to see the child and you can file a parentage action (if he's not on the birth certificate), a restraining order and a habeas corpus action. You will need to provide as much information as possible about his possible wherabouts (relatives, friends, etc and their addresses) to help with the search. I suggest you get a lawyer. This is all complicated.... Read More

If the parents are married to each other part of the divorce is the creation of a parenting plan dividing time with the child. If the parents are not married a parentage action has to establish the father as a legal father after which a parenting plan is created. Unless there are specific reasons why a parent can't have contact with a child (e.g. s/he has abused the child) each parent gets some contact. In WA custody within a parenting plan is relevant only for federal issues and other states. If the parents are unmarried and there is no court action the mother has custody as the father is not a legal father until the court has established him as such.... Read More

You need to start the adoption. As part of it there will be a termination proceeding which the father can agree to, or if not, you can ask the court to terminate his parental rights. If he has little to no contact with the child, doesn't pay child support and is unable to act as a parent, there's a good chance the court would terminate. See a lawyer. Don't try to do this on your own.... Read More

You have no legal rights to the child. If the child is not with either of his parents, CPS can take him as part of a dependency proceeding based on their abandonment of the child. If you want the child to live with you and the parents have consented to the arrangement, you can file a 3rd party custody, which has to claim that neither parent is a fit parent. CPS does not have to tell the mother beforehand that they are taking him if she has abandoned him.... Read More

If there is an order in place that says he gets only supervised visitation and he shows up at your house to see the child, call the police. If you don't have a domestic violence order get one. Again, if he violates it (if you have one now) call the police as it is a crime to violate a restraining order or domestic violence order. Make sure that what you have is still in effect and wasn't just good for one year.... Read More

From what you've said, I have to assume you and the father were never married. Therefore, you have full custody of the child since there is no question about who the mother of a child is. Do not put the father's name on the birth certificate. Do not give him your new location/address. Just drop all contact including social media contact. That way, even if he were able to find you, he would have to make a parentage claim and do a DNA test to prove he is the father. He would then be required, first and foremost, to pay child support. If you never ask for support and never rely on public benefits (welfare, Medicaid, etc) he will likely lose interest and not come looking for you. If you do need public benefits, you will be asked to disclose his identity and the State will look for him to pay child support.... Read More

If you have some actual proof of illegal drug use, you can file a petition for a protection order. You can also ask in the petition that the children be kept away from this woman. However, if the only reason you have for this is that she is seeing the father, it's unlikely the court will grant this. You can file for a legal separation if you don't want to file for a divorce. This would provide you with the opportunity to ask for child support and to establish a parenting plan for each parent to have contact with the children.... Read More

It's unclear from your question what she filed. If she filed a divorce and asked for a parenting plan, did she allege that you abandoned the children? If not did she allege you abandoned her? In neither case you would not lose a right to the children, but if the former, your contact with them might be limited.... Read More