Legal Question in Family Law in Washington

I have a 5 year old son w my ex girlfriend. She has put him in some risky situations and I'm thinking of trying to get full custody....what are the grounds to be awarded full custody?


Asked on 8/16/11, 7:01 pm

1 Answer from Attorneys

Jonathan Baner Baner & Baner

The rough guide is in RCW 26.09.191 for restrictions in parenting plans. The basic reasons: 1. willful abandonment or substantial refusal to perform parenting function (looking for dependency type facts here); 2. abuse of child; 3. domestic violence. Sexual assaults on minors is a very major concern.

That said, "risky situations" is vague and may not fit within the type of categories. Don't get caught up in the word "custody." It doesn't really mean much in Washington state. If you think your ex is creating a danger to your child and the residential schedule isn't in the child's best interest then you may make the petition to modify, but it is a very major decision for courts to make. Courts will be loathe to completely take a child from a parent (perhaps moreso if its the mother, but that shouldn't be a factor) without severe reasons.

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Answered on 8/22/11, 10:24 pm


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