Legal Question in Family Law in Washington
Child custody question
A friend of mine has the following question:
He has sole custody of his 12-year-old son from his first marriage. He and his ex-wife divorced about 10 years ago. Since that time, his ex-wife has paid nothing in child support. She has also failed to contact their son for several years. In essence, he feels that she has "abandoned" their son.
He is concerned that if he dies, that his ex-wife may seek custody or visitation rights. He wants to prevent that from happening... he does not think that is in the best interest of his son. He would like either his parents or one of his siblings to be his son's guardian. Is there any way for him to make sure that happens?
What rights does his ex-wife have as the biological parent? Is it possible for him to have her relinquish her parental rights in exchange for his agreeing not to seek back child support payments?
Thank you for your assistance.
1 Answer from Attorneys
Re: Child custody question
The "surviving" parent may nominate a guardian by will. Thus, no.
But I have my client sign an affidavit to give to the personal representative for presentation to the court in case she fights it.
The court always has priority when the welfare of kids is at stake.
As to relinquishment, have his wife adopt.
Gary Preble
Olympia
360-943-6960
Gary Preble
Preble Law Firm
2120 State Avenue NE
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