Legal Question in Family Law in Washington

Re: Child Custoday Right

First the father has to establish his paternity if it has not been established by the court. Just having his name on the birth certificate does not do it. Without establishing paternity he has no claim whatsoever. Second, he will have to pay support. He should be paying support now - if he has not been doing this why not? The mother may need to see the prosecuting attorney and have patnerity and support established by the court. If there is a dispute over the parenting plan (this is what covers custody although we do not use that word in WA) then a GAL (Guadian ad litem) who represents the child will be appointed. One is normally appointed in the paternity action anyway. The GAL looks at who has been involved and caring for the child and then make a recommendation to the court. If "dad" has not been paying support and not involved in child care they normally recommend the mother. You should seek local counsel or see the prosecuting attorney. The issues of child support and visitation will not go away and should be dealt with now. The fact the father has not been active for two years hurts his arguement for his involvment. Feel free to call me if you have any questions or visit my web site at www.v-law.com for more information.

Andrew Sargent

Law Office of Andrew H. Sargent

600 Winslow Way E., Suite 131