QUESTION
Can I legally keep the kids until I can get a parenting plan set in place with the state so they are safe?
Asked on Apr 22nd, 2014 on Child Custody - Washington
More details to this question:
I told my husband I want a divorce. He is abusive and won't let me take or see my two kids without signing a paper saying I will bring them back. I signed that paper. Do I have to return them to him? We live in Washington.
3 ANSWERS
Dave Hawkins
Either parent has equal access to the children. Absent a a court order, you have no legal obligation to return the children.
Answered on Apr 22nd, 2014 at 9:33 PM
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Both of you have the same legal rights to the kids. If you believe the kids are unsafe with him, get an emergency protection order while the kids are with you. That can be done on any day. It is not unreasonable to demand in writing that each parent agrees to return the kids to the other parent in a short term private arrangement. However, private arrangements for children are neither legal nor enforceable. So do what needs to be done legally.
Answered on Apr 22nd, 2014 at 9:30 PM
Ruth Emily Vogel
The best thing you can do is to seek a protection order to protect you and the children now. Once you file a divorce then you can seek a restraining order. You need a court order because he has as much right to the children as you have at this point.
Answered on Apr 22nd, 2014 at 11:02 AM