Legal Question in Family Law in Washington
Child Custody
I feel that my exhusband is abusing my child. Either emotionally or physically. He was physical to me during our marriage, which i have sworn statements from witness's and also a police report in which he was charged with domestic abuse. Is there any chancce of getting him away from my son? I am custodial guardian, and he doesn't always take him on his scheduled time, and when he does, my son will not go. He throws fits, and screams, and grabs onto me. He seems scared. He also acts out with aggression and anger when he returns from his fathers. What can i do? Also, he has not completed his parenting class. He had 6 months from returning from Iraq, and that will be up in may. What will happen if he doesn't complete that class.
1 Answer from Attorneys
Re: Child Custody
Probably no consequences for failing to take his mandated parenting class, unfortunately.
It's not like they are going to revoke the divorce. He *could* beheld in contempt if the Court gave him six months to do it and he blows it off.
Did you have a guardian ad litem appointed to investigate your child's best interest during the dissolution, and what conclusions did that person reach? Has the situation changed since the divorce was final?
You need to carefully evaluate if your conduct is contributing to your child's unwillingness to be with his father.
What you CAN do is take your child for counseling. If the counselor discloses that your child is having issues to you, then you can use the counselor (NOT the child) as a witness to ask the Court to modify the plan.
But proceed carefully. There is a concept out there called parental alienation where one parent is seen as making the child hate the other parent - you do not want to be perceived as doing that under any circumstances.
Divorce is hard on everybody, especially the kids. You need to develop some kind of working relationship with your ex that addresses your issues so that you can co-parent this child, not war over him.
Hope this helps. Powell