Legal Question in Family Law in Washington

Re: custody battle brewing

There's probably a very good reason for no calls being returned. If your only reason for changing custody, formally called residential placement, is your son's expressed wish to live with you, that is not a good enough reason. First, in our state, children below 12 years of age do not have to be listened to as to their opinions regarding where they want to live. From 12 up to 16, the courts must listen but are not bound by those opinions. From 16 on, the courts are bound to the opinions of the kids unless there is an overriding and compelling reason not to follow their wishes, e.g., non-custodial parent is a drug dealer, sexual predator, habitual criminal, etc. So, your only other possibility is to work it out with the mother. Unless she agrees to the change in custody, and agrees to a new parenting plan and to pay YOU child support, you are out of luck. You would have to show that there is something very seriously wrong with the present custodial parent and her ability to parent. The reason you are not getting calls back is that no one wants to deal with you after having spent 10 - 15 thousand dollars or more in a custody modification fight and then not win when there is no real prospect of success from the beginning. Unless you have "the goods" on your former spouse regarding her serious inability to parent, there is no point in starting this process. Call me if you wish to diascuss thi smatter further.