Washington Child Custody Legal Questions

It's not a problem as long as the relative is reasonable and can provide good care for the child. However, since the child is likely asleep by the time the father gets home, it may make sense to have him return the child Monday at the start of school (directly to school) is he doesn't work Sunday evening, or to give him a few hours some other time during the week when he is actually available.... Read More

You don't say if you and the father were married. If not, he is not a legal father until a court has so ordered. If you receive child support that was ordered by a court he has been made the legal father. However, that does not give him permission to take the child. In order to see the child, he has to establish a parenting plan. Whether he abandoned the child or not is irrelevant. You apparently have taken no action to ask for child support or set a parenting plan. You can still do this as child support is the right of the child and you don't have to ask for a parenting plan or can ask for one that requires supervised visitation for a period of time since the child doesn't know him. In other words, if you take the appropriate action you protect the child and set appropriate limits on contact.... Read More

It depends on how long she is gone, whether she is sending support etc. However, if the child is with you and the mother moved out of state, you should go to court immediately and get a temporary parenting plan that places the child with you the majority of time and sets certain conditions for the mother to see the child, e.g. disclosing her address.... Read More

The most recent order supersedes. Who issues the restraining order? A court. County's don't issue orders. Call the entity that issued the order, explain the situation and find out what's going on. Or call CPS and find out what's going on. Most importantly, until you know, abide by the most recent order.... Read More

You didn't say whether you were married to the mother or if not, if you have established paternity legally. If the answer is yes to either question, you can go to court on a habeas corpus action. If the answer is no, then you have no standing until you have established legal paternity. Moving and not paying support constitutes abandonment. This is something that should have been dealt with before you left. At this point, my suggestion is that you immediately get a lawyer and address this. The longer you wait, the less you will get. You can call the police with the last known address and see if they can do anything, but even if they can, it won't be much. It's a legal matter not a police matter.... Read More

The court can't force him to take the children. You can ask the court to change the parenting plan to take away the Wednesday time. Other than that, you're the primary residential parent, so you're stuck with the kids. If his failure to take them Wednesday means you have to pay additional childcare because you work during that time, he does have to pay his pro rata share of the additional cost.... Read More

I suspect most judges would consider a GED program high school for support purposes since the goal is high school completion. As soon as she gets her GED you're off the hook unless she decides to get some kind of post secondary education and the mother asks for it before she has completed the GED program.... Read More

Your husband needs to file a petition for adoption. You can be the co-petitioner. You will have to have a home study. There will have to be notice to the father, and a termination hearing. As part of the adoption, the child's name can be changed. I suggest you get a lawyer as any errors can invalidate the adoption.... Read More

If this person wants to adopt the child, he/she needs to have a home study (pre-placement study) done and if that proves to be OK file a petition for adoption. The petition can also be filed first. Once the court approves placement a petition to terminate parental rights is also filed as part of the adoption. You can voluntarily relinquish. If the father doesn't want to relinquish he would have to argue that in court, but would have to be willing to take the child. If he doesn't voluntarily relinquish the court can order a termination. Both parents rights have to be terminated for another person to adopt. If on the other hand, you want to maintain parental rights but can't properly care for the child by yourself, your friend can do a third party custody action with your agreement. This would maintain the child support obligation both by the father and by you, but place the child with your friend. It would mean you could get the child back once your health improves. You should talk to a lawyer.... Read More

You failed to provide the relevant information - is there a parenting plan and has the father been made a legal father by the court? A Domestic Violence Protection Order does not ultimately determine the parent child relationship. I assume from what you said that that is what you have. If you have a parenting plan you must follow the relocation statute summarized in the plan and give the father notice. The notice requirement is triggered by even moving out of the school district (it doesn't matter if the child is in school yet). So yes even moving to another county would trigger it. If there is no parenting plan in place and no custody order of any sort and no order of child support, then you don't have to give notice. But if a court has made any ruling at all concerning the child, you need to follow the relocation statute.... Read More

It sounds like your son is not the legal father of the child as he is not married to the mother and has not established himself through a parentage action as the legal father. He needs to do that and as part of that can ask for a custody determination (or in WA for a parenting plan) and permission to relocate the child. If she is abusive toward him, he needs to get a protection order which, depending on the circumstances, could also cover the child. Her affairs are irrelevant.... Read More

If he signs the affidavit of paternity, which will put his name on the birth certificate, there will be evidence of his paternity and either one of you is free to file a petition for a parenting plan and child support order. If he doesn't, he can file a parentage action, do a DNA test to prove he's the father and then get a parenting plan and child support order. If you are receiving any public benefits for the child, the state will file a parentage action. Until a parenting plan is signed by the court, he has no right to take the child and you should not give him the child unless you want him involved. Even if you do want him involved, there should be a parenting plan so that it is clear and enforceable who has the child when. There is no assurance if both parents are involved that one parent gets to make all the decisions. If you don't want him involved and there is time to go to CA now, do it and don't give him forwarding information. If you don't do it before legal documents are filed, you have to give him notice of the move and he can object. In other words, if you don't want him involved at all, then stop involving him. However, that means you have to be totally on your own financially, with no public help of any sort and if he's interested enough and can find you, he can always file to establish himself as the legal father. How much time he gets, depends on a long list of criteria, but if he has no major problems (drugs, alcohol etc) he would have exactly the same rights to the child as you do.... Read More

You cannot give up your parental rights unless there is a Pending adoption, You simply cannot walk away from your financial obligation to support your child it is a statutory obligation. You may sin whatever you want to with her but it will in no way effect you legal obligation to pay child support.It is a common error people make when dealing with child support once a parent , always a parent.... Read More

The best thing that you can do in this instance is to hire an experienced family law attorney. From the information you have provided, a court would likely not restrict your parenting time, and hopefully would appoint joint legal custody. This would mean that you would share the parenting responsibilities with your ex equally. The court will look to what custodial arrangement is in the best interest of the child, but there is a presumption that the best interests of the child are best served by joint legal custody.... Read More