Legal Question in Family Law in Washington
dad requesting custody while mom active duty
My divorce was filed in ID and I have joint custody of my 16 year old son who lives with his mom and her 7 year live in boyfriend. We both now live in Washington State. She told me her unit will be deployed and she is leaving our son with her boyfriend while she is gone and there is nothing I can do about it. She lies about any major decision concerning our son. She has also been claiming him on her taxes when I should have been claiming him for all these years. I want my son with me. I have a good home and a good wife. I have a packet of paper work to fill out for the courts to get this corrected. My question is should I have a lawyer help me fill the paper work out and what are my chances of getting my son.
1 Answer from Attorneys
Re: dad requesting custody while mom active duty
You may very well be able to fill out the pleadings yourself, but you would be well served to hire counsel to represent you, especially in court.
This is a big deal. There is a fairly goodsized body of caselaw on the subject of modification of parenting plans which a skilled practicioner can use to your advantage.
There may also be a decision-making provision in your plan (maybe not if it is an ID decree) that you could use to stay out of court.
The tax issue is a motion to enforce the decree, which you may well have to domesticate the decree here in WA in order to enforce.
As for your chances? My crystal ball is on the fritz right now, but I do firmly believe that you will maximize your chances of a successful modification if you get the best lawyer you can.
My recommendation for Spokane counsel is Pete Karademos. You cannot have a finer lawyer than him.
Hope this helps. Powell
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