QUESTION
Can she stop him from seeing the father and will it hurt her chances to get full custody of her kids?
Asked on Dec 14th, 2014 on Child Custody - Washington
More details to this question:
My daughter has raised her kids by herself for the last almost 3 years. Her husband has seen the kids once in the last 3 years. He now wants her to put the kids on a plane, ages 4 and so he can see them. She has no way to get the kids there. It took her 6 months just to get child support out of him which she still hasn’t gotten yet.
3 ANSWERS
4 Awards
If support has been established, then there is some form of order out there. She needs to review her current order. If it is child support only, she will need to move to intervene (if not done already or she isn't named a party) and to establish custody and parenting time. If parenting time has already been set, then she must follow the current court order until the judge changes it. To change the order, she would need to file to modify and prove a material and substantial change in circumstances since the initial order was entered and the best interests of the children requires a change. Best wishes to your family.
Answered on Dec 16th, 2014 at 3:37 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
You don't say whether the father has court ordered parenting time. If he does, she must go into court to get that modified. If he does not, she has no obligation. If he wants to come where the children are and have supervised contact with them, that might be an alternative.
Answered on Dec 16th, 2014 at 10:06 AM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
You don't say if the parties are married, if there is a parenting plan in place or anything else that would define what rights the father has. If there is no parenting plan and the parties were never married, the father has not established his legal right to see the children and the mother has no obligation to send them. If there is a parenting plan and the father has not seen them in three years, the mother can get an emergency order to prevent him from seeing the kids until he has met certain conditions (e.g. seen them in a supervised situation for a period of time until they actually get to know him after all this time). If the parties are still married, it's time to file for a divorce and again, she can get an emergency order. No court will require her to put 4 year olds on a plane to see someone they have seen once in the last three years. But she can't just sit on her thumbs. She needs to get the kids legal situation straightened out vis a vis the father. Child support has nothing to do with it.
Answered on Dec 15th, 2014 at 6:07 PM