Legal Question in Family Law in Washington

Re: Custody

The court can take into account your boyfriend's felony history. However, a lot will depend on the specific circumstances of his case. For example, what was the felony conviction for? If it was of a sexual nature or anything involving crimes against children, I'd say his odds are dramatically lowered to become the primary residential parent, and he might be lucky to get a good visitation schedule.

On the other hand, if his felony conviction is for writing bad checks, or something non-violent such as drug use or possession, then I think his odds are dramatically improved. If it was a drug crime, he'd probably need to prove he has been clean and sober and may be required to undergo a period of random drug testing to verify this.

From your post, I cannot tell who has primary residential custody and who has visitation, although I am guessing that mom has residential custody, given the child's young age. I'd want clarification on this point to help you better.

In response to your direct questions, yes, the 10 year old felony can hurt his chances, and no,she does not have to prove him an un-fit father. She just has to show that the child would be better off with her than with him, even if he is otherwise a great father. The underlying question in all custody cases is what is in the best interests of the child?

I hope this helps.

Re: Custody

Whether the father's past would have an negative effect against him in relation to the parenting plan would depend on the specifics of his past.

The father likely should stop taking legal advice from the mother and review his facts and options with an attorney.

If the parents cannot decide what to do with parenting plan, the court will decide for them based on what is the best interest of the child.