Legal Question in Family Law in Washington

Children want to live with other parent

I have 2 children ages 12 & 14 that live in washington state with their mother who has residential custody. I live in California where they visit me every month. They have been having severe issues with their mother as far as getting along and have no support from their mom in areas of school work and extra caricular activities. They want to live with me and have told me they refuse to get back on the plane to go home when they come to visit me next time. What can I do to protect myself if they do refuse to go home, how old do they have to be to make these choices for themselves, and how do I start the process of getting custody of them if the mom doesn't agree to their demands?


Asked on 4/01/04, 7:14 pm

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Children want to live with other parent

If the current child custody order is in Washington retain an attorney in Washington to modify the order. Of the original custody order was in California, reatin a California attorney. If the order was from another state, register the order in Washington and seek a modification there. The court will give very strong consideration to the wishes of the children. If they refuse to get on the plane, let them know that you are working on this through the proper channels and the taking the "law" into their own hands that way is not proper. You can really mess this up if you allow them to stay and not get on the plane and they can damage their chances of getting their wishes. That is how you encourage them to get on the plane. Move immediately so the this has a chance to be completed by this summer and the change can be made before the next school year. Good Luck, Pat McCrary

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Answered on 4/02/04, 1:41 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Children want to live with other parent

It is not clear from your question what jurisdiction the underlying custody orders are from. They will have to be modified. California may extend emergency jurisdiction once the children are present within the state.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer and provide him or her with copies of the underlying custody orders. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 4/01/04, 8:26 pm


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