Legal Question in Family Law in Washington
50/50 parenting plan
I have a 10 year old daughter who my ex (divorce not finalized) and I have shared custody 50/50. We filed our div. in Lincoln County and we live in Clark. We had signed our paperwork and sent it in for someone to type up the information. All we would have to do is sign again and send it for the judge's approval. My girlfriend of two years (lived w/ 1 year) and I moved to a new house which is 15 min away from our old house. My ex would drop off our daughter at our house and my girlfriend would take her to school in the morning on her mother's week. Since we have moved she is angry because she doesn't want to wake up a half an hour earlier to to bring her in the morning. I told her I would meet her half way in the evening time to pick up my daughter so she would have a ride to school in the morning. Now she is saying she wants my daughter full time. We have had a stable home life for her since we have lived together. Her mother was out of a place to live because her exconvict boyfriend couldn't get a place with her. So my daughter stayed w/ us for 2 months. Her mom saw her maybe 5 times. My exfather inlaw says he is on my side and willing to testify. As a father what should I do? Do I have a chance? Do I need a lawyer?
1 Answer from Attorneys
Re: 50/50 parenting plan
I would say that you have a good chance of maintaining your 50/50 arrangement. The main problem that you have is that you are going to have to litigate this matter in Lincoln County, where the case is filed. That is the problem with doing the "mail it in" divorces that unscrupulous paralegal companies get you soaked into for less than $500, or whatever the going rate is these days.
I would bet that no one bothered to tell you that once you start an "agreed" divorce by mail in Lincoln County, that if it turns into a contested matter, you are going to be traveling from Clark County to Lincoln County (easily over 5 hours each way) to attend hearings and a trial, if necessary.
Even though my office is in Seattle, I have handled matters in Lincoln County, where there is only one judge who hears all cases. If you want a free telephonic consultation, please feel free to call me.
Without speaking to you, I can also answer your three questions you pose at the end of your message, as follows:
1) Get a lawyer
2) Yes you have an excellent chance to maintain the 50/50 arrangement, although we would need to discuss this further to be sure, but from what you write, I say yes.
3) You are definitely going to need a a lawyer to navigate you through this one.
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