Legal Question in Family Law in Washington

Your situation is a complicated one to say the least. First, I am not sure where in the divorce process your boyfriend is when you say he is not yet divorced. Does that mean they are in the midst of divorce proceedings, or that they have been living apart for three years and he pays her some type of agreed support?

Either way, if it is not already started, once they do start the divorce, your husband's attorney will need to motion the Court to enter a Temporary Parenting Plan to ask that when the children are with him, that you be allowed around the children at the same time. Given your controlled substance arrest, most judges and commissioners will be concerned.

I predict that such a motion will lead to either a denial of visitation (low likelihood given your two years of no arrests) or (most likely) an order that allows for the visitation to take place after a parenting evaluation, as well as a drug evaluation of you and an order for random drug testing (urine analysis) for a period of 3-12 months until everyone is satisfied that you are clean. By "everyone" I mean the judge, boyfriend's soon to be ex, and the parenting evaluator.

Ultimately, if you want to remain with your boyfriend and his children, the Court will take the position that you are going to have to give up some privacy to satisfy everyone that you are sober.