Washington Child Custody Legal Questions

This makes no sense A child support order does not determine custody. If he reopned the case to get a residential schedule, the final order on that petition would assign residential time/custody as well as child support. Please read the final order carefully to see what it actually is and if it's not clear, go to the court house and see if there are also other orders such as a residential schedule/parenting plan.... Read More

First- what if anything has CPS done. If they've investigated and made no finding, it's simply harassment and does not endanger the child or you. You can potentially file an anti-harassment petition if you can show he is actually stalking you (within the legal definition of stalking) and sending you an untoward number of messages. Simply saying rude or mean things is not harassment. Sending a great number of messages per day, can be. Talk to a lawyer as it's better not to file an inadequate petition than to repeatedly file and lose each time.... Read More

Each parent has an equal right to have time with a child. Who gets more or less time is determined by a long list of criteria including who did most of the care taking. If your husband is found to have been abusive (you should not hesitate to get a domestic violence protection order if there has been violence as defined by the law to you or the child, this will at least initially, limit his contact. Neither parent loses custody. The question is how much time does each parent get and who gets to make decisions about the child in major areas such as education. You will have to get a job, but will likely get alimony for some period of time until you can get on your feet. You should seek the advice of counsel since there are many issues at stake in your case.... Read More

You don't say how long ago you learned you were not the bio father. If you knew at the time of the divorce, it's too late to make the change. if you didn't know, there is a limited period of time during which you can bring a petition to disavow paternity. Once you're past that deadline, it's too late and you'll have to continue to pay child support.... Read More

You are not the sole parent of the child. There is a parenting plan, which means he is the legal father. First, if there is a domestic violence protection order you may be able to get a restraining order limiting his access to the child to supervised visitation. Everything else you talked about is not a basis to limit access as they are not violent crimes. His father can not have warrants out, only the court can issue warrants. It's also not clear from what you said if the warrants are against the child's father or grandfather. In either case, whether or not this has an impact on the child depends on the underlying reason for the warrant. If it's not a violent crime, it's irrelevant. I suggest you see a lawyer and get some help figuring out what, if any, danger there is to the child and if there is a basis to limit access.By not allowing him to see the child during the time allocated to him under the parenting plan, you have given him a basis to file a motion for contempt.... Read More

First, he is not the child's legal father since you were not married to him and he is not on the birth certificate. Once he gets out, in order to have any rights to the child he would have to do a DNAS test to prove he is the father. Two things: you can move and not give him a forwarding address. Stop communicating with him. Don't accept calls, change your phone number if you have to and don't write to him or call him. More important - shortly before it's time for his release (three months before) get a domestic violence protection order. If any of his threats have been in writing (e-mail, text, etc) you can use that as evidence. You can get a domestic violence advocate in your county to help you with putting together the petition. You need to include your children in the petition. Also be very specific about the crimes of which he has been convicted. If these are violent crimes it will make a difference. If at all possible, get a lawyer.... Read More

Surrogacy is a complex matter. A proper surrogacy agreement should have been signed prior to the beginning of this pregnancy. It does not sound like whatever they put together met all of those criteria. Even with a proper agreement the birth mother sometimes changes her mind and complex litigation follows. If your son is the biological father, he can file a parentage action and get a DNA test. If the child is his, he can establish parental rights. His wife, however, will not be a party to this as long as the bio mom does not wish to relinquish her rights. Your son needs to see a lawyer and go from there.... Read More

First, there can be no termination proceeding under these circumstances until an adoption is filed. Is it your plan to get married? This would show a more stable relationship and thus make it more likely that the home study would recommend adoption and termination. A court can order termination if it finds it to be appropriate under the circumstances. If you were married, you'd have a strong case. Right now you have a less strong case. You don't say if there is a child support order. If there isn't one, why haven't you gotten one? The father has no obligation to pay if there is no order. Please consult with an attorney as your situation is complex.... Read More

You're way out. First, the likely service processor probably did not work directly for the law firm, but was contracted by the law firm as a service processor. Second, the contents of the parenting plan are not known to a service processor. Third, your daughter apparently agreed to accept service and was old enough to do so. What damage is there to you? None. I can't imagine a lawyer taking such a case, even if there were some kind of liability (which there doesn't seem to be) as there are no damages.... Read More

First no, only the court can terminate parental rights. You don't say whether you and the father were married or if he is on their birth certificates. If neither one is the case, he has no rights because he is not their legal father. Has he been ordered to pay child support. To give you any meaningful information, an attorney would have to know a lot more than you've said.... Read More

Since you were not married when the child was born, you are not a legal father until you go to court to establish yourself as one. This should have happened when the child was born or when you split. You can still do it, but will need to find a person finder to figure out where the mother and child live, to serve her legal process. If you wait until she is out of state for more than 6 months, jurisdiction will be in the state in which the child now lives. Get a lawyer asap and start this process. The lawyer can help you find a person finder.... Read More

The right thing to do is to file a petition for a domestic violence restraining order and a dissolution and to ask the court to allow you to take the child out of state. However, if no orders are in place, it is not illegal to remove the child from the state. A court can require you to bring her back if the father goes to court over it.... Read More

You do not say if the ex was a husband and you're still married. If you weren't married, and there is no parenting plan is place, then he is not yet a legal father with rights to the child. If that is your situation, you have no duty to allow him to see the child and you don't need his OK to cross the border.... Read More

Assume you are the father. You don't say how old your son is or if the boyfriend acted as his stepfather before he went to prison. If your son is a minor and you believe seeing this man is harmful to the child, you can make a motion to restrain contact between your son and this man. There is no basis to restrain contact between this man and you since you don't indicate that there has ever been anything that happened between you or that you have ever even had contact.... Read More

You don't say if you were married to the father or if there are any court orders in place. If you were never married, and the father has not been made a legal father by a court order providing for him to pay support or see the child, then you can do what you want. If there is an order in place and he has objected to the move, you must go to court to ask for permission to move the child. The agreements you put together are worthless. Private agreements about children are not legal. Get a lawyer and do this right or you may be exposing yourself to more expensive legal proceedings.... Read More