Legal Question in Family Law in Washington

Re: Child Custody

How recently is "recently?" In WA there is a recent court decision that articulates, quite clearly, that the primary residential parent should be able to rely on the non-primary in the event of an emergency or sudden turn of events that makes life difficult for the PRP.

He's the other parent. You are allowed to ask for help without being scared he's going to move to modify the plan.

What I would recommend, without knowing anything more, is that you send him a letter certified (and keep a copy) reminding him of your agreement, whatever that was. State that it is not your intent to relinquish custody to him, you just need him to deal with the children through the end of the school year, and that it is your plan to come get them then. Or whatever your agreement is.

You can file a copy of your letter with the court file in the place where your dissolution is filed. Use a coversheet. That becomes a pleading, and is a record for your future.

Mods based upon integration in the other parent's household with the consent of the PRP happen all the time. The minimum time allowance, by caselaw, is about seven months. If the non-PRP fails to bring a mod in a year and a half, another presumption is raised.

Don't delay with that letter.

Remember, I am only answering what you provided, I am not your lawyer and I don't know the whole story. Different facts can (and do) produce different results.

Hope this helps. Elizabeth Powell