Legal Question in Family Law in Washington
custody rights
my wife has custody of my two sons by way of a divorce decree. they are currently residing with me. what rights do i have to custody at this point.
1 Answer from Attorneys
Re: custody rights
What state was the divorce done in? WA does not as such establish "custody." "Custody" such as it is, is established in a parenting plan. I don't know if you need to do a foreign judgment registration first (because I don't know if this is a WA divorce). From your question I take it that you do not know what the parenting plan says. I will assume that this was a WA divorce and that what you are asking about is a modification to the parenting plan, but that you don't know what the current parenting plan says. You did not state how long the children had been living with you. The longer they have been living with you the more likely you would be to succeed in a contested major modification, i.e. change of primary residential parent. The lack of information provided makes it difficult to answer your question.