Legal Question in Family Law in Washington
Custody in Washington State
How can I prepare to obtain full custody of my son if I decide to divorce my husband of three years? This is his second marriage and he has two boys, nine and seven, from this first marriage. The issue and problem I have is with his seven year old son who displays inappropriate activity and is a difficult child. He is defiant and downright disrespectful and what is very sad, is that I do not leave MY son, who is now two years old, alone with his dad and two brothers. I don't trust what happens because my husband is very protective of his son from his first marriage. My son gets mauled and I can't turn my back without HIS son either mauling or hurting my son. And, when he is confronted he lies and says it was an ''accident''. I know enough about children to know there can only be so many accidents. His son shows me no respect and he defies me when his dad is at work. He lies constantly. He is always in trouble at school. What can I do to show my son should be with me, if ever the time comes, to say ''enough is enough''. My son shouldn't have to worry about being touched inappropriately or mauled all the time. No one around this boy will ever say anything against him. He is very well protected! I am not. My son is not.
1 Answer from Attorneys
Re: Custody in Washington State
You are going to have to be able to document (prove) this abuse. The process is that at the same time you file your petition for dissolution of your marriage (divorce) you file a motion for temporary orders. You will want to get copies of medical records and other records produced by independent sources, for example school counselors, teachers, etc. For the final parenting plan unless you agree, you will need to have a GAL or parenting evaluator appointed (do this with the motion for temporary orders).This is not simple work, and you should seriously consider getting an attorney.