Legal Question in Family Law in Washington
child custody
if the father only has the child everyother weekend, but not even at his house he stays over at his mothers house. should i claim sole custody with limited visitation. since thefather does not even have a bed at his house for my son, it is all at his mothers house and typically that is where my son always goes when it is the fathers weekend, the dad barley spends any time with him
1 Answer from Attorneys
Re: child custody
Every other weekend and every other holiday is 50-50 parenting time in WA.
Failing to exercise residential time is a possible basis for a contempt motion, but you have to be able to prove it and your child's statements are inadmissible.
When the father has the child, what he does with him is essentially not the other parent's business, so long as the child is safe and OK.
Parents can have substitute caregivers. But on the other hand, you are not required to provide residential time for other persons.
But this is a battle you want to think about before jumping into it.
I doubt its a reason to ask for the father's time to be restrained.
Hope this helps - and obviously I don't have nearly enough facts to tell, just what you are relating.
Elizabeth Powell