Legal Question in Family Law in Washington

Re: Child Custody in two different states

The law does not regard favorably parents who completely disregard their parenting plan. You don't say in which state it was entered in the first place, but if it was a WA plan, courts here are going to think that your children have been voluntarily integrated into the household of the non residential parent in violation of the plan, and that because you have left it so long, you may well have waived your right to now object. The doctrine is called latches.

If you were to exercise your "legal right" you would be taking them across the country and out of their schools, away from their friends, their social activities and their support services.

That may be your "right", but it clearly is not in their best interest and that's what the court really cares about.

If you and your ex can agree, on the other hand, then you may be able to get somewhere with your new found interest in parenting.

If the mother is having significant difficulties - drug addiction, DV, something awful - then you can likely explain the circumstances to the court - ALL the circumstances, including your 3-year primary placement hiatus - and ASK the court to place the children with you.

What a mess. Hope this helps. Powell