QUESTION
Can I keep my daughter with me if I choose not to move as well?
Asked on Jan 29th, 2013 on Family Law - Washington
More details to this question:
We currently have no court order. We're never married and live in Washington state. We share our daughter 50/50. My understanding is that we have joint custody, but I have guardianship until a court order is in place. He is recognized as the father on the birth certificate. My daughter's father is planning to move out of state.
2 ANSWERS
Dave Hawkins
You have been misinformed. If there is no court order in place, you do not have to let him see the child at all. He has Parental rights, but nor residential rights until a Parental Plan is put in place. You call the shots. You are the mother you do not have a guardianship you are in complete control, you gave birth tot eh child, he did not. If he wants to see the child, he needs to file the appropriate Petition in Washington state to make that happen.
Answered on Jan 30th, 2013 at 9:32 AM
Patricia A. Toy
I strongly recommend that you file a Petition for a Parenting Plan and for Child Support BEFORE your child's father moves out of state! You are mistaken in thinking that you have either joint custody or guardianship. It is far easier to seek a formal court-ordered PP & OCS now, rather than later.
Answered on Jan 30th, 2013 at 9:31 AM