Legal Question in Family Law in Washington

Re: child custody and restraining order

I am not sure what you mean by full custody. In any event a father of a child can file for a protection order for the child. The way it is done is the father goes to the court house and signs a declaration describing the situation-problem, presents any other documentary evidence he has and petitions for protective order, and then gets the petition and hearing notice served and there is a hearing. As to how to keep it from happening, I don't know enough about the circumstances to say much about that, but in general you can't prevent it.

Re: child custody and restraining order

There is no such thing as custody in WA, it is called primary residential placement. Between two parents, both are presumed fit unless or until a court says that one (or both) is not a suitable parent.

If you are the PRP, you have to not be doing drugs and having inappropriate relationships in front of the child. That can backfire, and if the non-PRP learns about it, they can petition to modify the parenting plan and the placement decision.

If you are NOT the PRP, and you tell the court that there is something so wrong with the child's placement that the PRP has to be restrained right now, you'll get to tell a judge about it. If the judge agrees, they could issue an order. The order is only good for 14 days, maximum.

When you go back to court to have a permanent order issued, if you are wrong, it is going to be messy and breathtakingly expensive. You will also lose all credibility with the court, and subject yourself to a scathing examination by a social services agency.

Fault is a big deal with child placement. If the Court thinks anyone is doing drugs or behaving inappropriately, the Court is capable of taking the child into State care if necessary. On the spot, no less.

Restraining orders about children are powerful remedies, so be clear about the consequences before asking a court to get involved.

Hope this helps. Elizabeth Powell