Legal Question in Family Law in Washington

Re: Child is a frequentflyer

Dear "A Grandma:"

At present, since this order derives from a California Court, that is where it will be modified if at all. Both Mr. Steurt and Ms. Mei are correct in their assessments. I would only mention that it may be quicker or cheaper to deal with the matter head on in California than to try and get a Washington Court to take over, assuming California is even willing to give up jurisdiction.

Having said that, if the case is in southern California, I suggest you call my partner Michael Burt at our Los Angeles office ((213) 384-2220) and he can better inform you about California's laws as they apply to this case. If you need a referral to northern California, contact me and I will give you a couple.

Re: Child is a frequentflyer

Generally, the biological father has a right to see his child regularly regardless of the parents' marital status. Also, 1/2 of travel expenses is usually credited towards child support if the custodial mother chooses to move the child away from the father.

If parties have an agreement to modify the visitation schedule, your daughter could hire an attorney in California to assist her instead of flying back.

Re: Child is a frequentflyer

As a general matter, Washington law (Uniform Child Custody Jurisdiction Act and Uniform Interstate Family Support Act and the Federal Parental Kidnapping Prevention Act) would allow you to register your parenting plan/custody order and support order from the State of California in the State of Washington, if a parent and the child reside here, and have connections to the State other then mere residence.

Notice must be provided to the California parent that the parenting plan/custody order or support order is being registered and that he may object-resist within 20 days of service of notice.

If the California parent does not object-resist the order(s) are registered here and may be modified here. If he does object-resist the two courts must hold a consultation to determine which State should have futute jurisdiction.

Until the order(s) are registered in Washington, except for emergencies, the Washington Courts will not modify the orders.

You should be aware that although getting the orders registered in Washington is a relatively quick process; getting permanent modification of orders can take longer unless the parties agree, although the possibility of getting a temporary order pending final orders should be considered.