Legal Question in Family Law in Washington
Child custody without filed paperwork
This is a case where a child is 4 yrs old and there has never been any paperwork filed in regards to custody. Both parents are on the birth certificate and have shared custody and financial needs so far. My question is; if one of the parents (the father) tried to keep the other (the mother) from seeing the child, what rights would the mother have? Would the police help the mother in retrieving the child even though there is no court documents stating custody?
1 Answer from Attorneys
Re: Child custody without filed paperwork
If one parent absconds with the child and prevents contact between the child and the other parent, the absconding parent is most likely committing the crime of custodial interference.
The police should assist the other parent in trying to locate and regain custody of the child.
It would be wise to establish paternity (if the parents are not married to each other), which would include a child support order and a parenting plan. A parenting plan is essentially a visitation schedule. You may wish to consult an attorney to ensure that your rights as a parent are protected.
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