QUESTION
What can my son do if his daughter was taken out of state without his permission and he was in process of ex parte then she took off?
Asked on Mar 23rd, 2016 on Child Custody - Washington
More details to this question:
We are working with pro bono but as of now he would still have to represent himself. She took off with their daughter on February 24 out of state. He did not give her permission and left without telling anyone. We have been working on this since this happened having to do a lot of legal documents with advice from pro bono. My son had a disability but he was the provider. She did not work, clean, feed or change and abused both father and daughter. Now is threatening him to cut him off completely from seeing her at least on Facebook and calling. We are worried about his daughter.
1 ANSWER
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First, the question is whether or not he is the legal father (married to the mother and a parenting plan in place. If not married to the mother, is there a parenting plan in place, which makes him the legal father with rights to see the child). If neither of these is the case, he has not established himself as the legal father and has no rights until he does so. If he wasn't the legal father at the time the mother left, she had every right to leave. Nontheless, he can still establish himself as the father, but needs to do so asap. He should get a lawyer since it sounds like he can't do this himself. Maybe his family can help pay for one. It is unlikely the court will require the child to return, since he's waited so long and may not have had rights at the time the mother left. However, he can certainly get rights to see the child, even if he or the child have to travel.
Answered on Apr 28th, 2016 at 5:22 PM