Legal Question in Family Law in Washington
Custody/Modification
My 16 yr son lives with us, sent by his mother 2 months ago, signed off on support, so my husband no longer has to pay it,but she still has full custody, last night she got angry, and told him she was making him move back, because she can, he does NOT want to go back, he is in a new school district, new friends, my question is, can she do that? She took him out of that school, she told his father to come get him. Need an answer quickly please
1 Answer from Attorneys
Re: Custody/Modification
Not sure what you mean by "signed off on support", and I'd need to understand that.
WA doesn't recognize custody, the state calls it primary residential placement, which is a little different.
She may have voluntarily agreed to the switch in placement, and a court *could* find that whipsawing back and forth is not in the child's best interest.
The Court could appoint a GAL to investigate and make recommenations regarding the child's best interest, and the child and the GAL can talk about what the child wants. He's certainly old enough to have some input.
But one parent voluntarily changing placement and then changing her mind puts this situation in your lap to move the court to modify the parenting plan such that you are now his residential placement, not her.
I'd go talk to the best local family law attorney you can find. My favorite reference in Spokane is Pete Karademos. If he is too busy, he will be able to refer you further.
Hope this helps. Elizabeth Powell
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