Legal Question in Family Law in Washington
My boyfriend has had his two year old son since before we got together in April 2009, the mother of the boy up and moved 5 hours away and abandoned her son. Doesn't call, or come to visit. When she does come around, is when she wants to take him for "two weeks". Last time we allowed her that she refused to bring him back, we had to drive to get him two months after she was supposed to bring him back because she refused to let us know where she was at. She wants to take him again. What do we do?
1 Answer from Attorneys
Your boyfriend needs to file a petition to establish paternity. Even if he is on the birth certificate he needs to do this, because this will allow the court to enter a Parenting Plan, which is Washington-speak for child custody order.
Initially, you can motion the Court for a temporary parenting plan, as well as temporary child support order, and once you work it out or have a trial, a final parenting plan and order of child support will be entered.
Whether we are dealing with a temporary or final parenting plan, having that in hand will allow you to force the mother to turn over the child at the end of her visitation. If she refuses, the cops will arrest her and return the child to you. In most cases, that's more than enough to obtain the cooperation of any non-cooperative parent.
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