Legal Question in Family Law in Washington

Custodial parents right's

I am the custodial parent to my 2 and 5yr old daughters. There father has taken them from me because he had a fight w/ my live in boyfriend. I am going to the courts to est. a parenting plan. But I know that it's a process and I can go much longer w/o seeing my kids and everyday I talk to my 5 yr old she says she wants to come home. I want to get my girls, he's had them for 6 day's now. Can I legaly take my kid's back from him? Neither one of us have legal custody and there is no parenting plan. I dont want to do anything that he can use against me when we go to court. But if I take them back then he can turn around and do the same thing again, unless I change there daycare which will upset there lives even more so I dont want to do that. But will if I absolutely have too. He say's that I have can have them back if I promise my boyfriend won't come around them, I'm willingy to do that to get them home again. But, how much say does there father have as regard to who I have around our kids?


Asked on 1/13/06, 4:51 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Custodial parents right's

You are not the custodial parent (or primary residential parent), because those statuses are determined by the court. Without a parenting plan the children are equally subject to you and your husband. You can take them back, but he can just take them back from you. It is unclear if you have already filed for a dissolution or separation. Along with the initial filing you should file a motion for temporary orders (to put in place a temporary parenting plan). You will need to support the motion with evidence. With the motion you should also provide a proposed temporary parenting plan. You should also in the motion for temporary orders ask for temporary support, and Child Support Worksheet (and supporting financial documents) for a temporary support order.

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Answered on 1/13/06, 6:10 pm


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