Legal Question in Family Law in Washington
child custody
I have raised my son his entire 7 years, his father was completely missing from his life for over 5 years. The judge says that we are on level ground because there was no prior custody agreement. I was told there was presedence for time lived with primary care giver? My son came to visit on judges orders for 10 days. My son started to tell me how they spank him repeatedly and extremely hard. He then told me they hit him with a belt!!! I need to know if this is good reason for a TRO, and do I need to call CPS or just file? I am supposed to take him back to his father on the 20th of july, but if I get this order do I have to? Thank you for the help, I am desperate!!!
1 Answer from Attorneys
Re: child custody
The tender years doctrine was overruled years ago.
The next mistake you are making is to present child hearsay. Hearsay is an out of court statement offered to prove the truth of the matter asserted. I don't know what your child told you, the Court doesn't know what your child told you, and furthermore, you were not there and you do not KNOW whether they beat your child or not.
If somebody is beating your child, OF COURSE you tell the authorities. I would strongly caution you about this for a number of reasons, but mostly because you are having a custody battle, and CPS constantly gets calls saying "Help, opposing party is beating the child" and if you cannot PROVE the child has been beaten and by whom, exactly, they could think it was you doing the beating.
You need to call your county Bar Association. You need to ask for a referral to a family law clinic.
If your child is the most important thing in your life, then don't have an amateur do your custody issue.
Would you ask an amateur to do brain surgery? Of course not. So lawyer up.
Elizabeth Powell
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