Legal Question in Family Law in Washington
Denied Visitation
I recently found out I have a 13 year old daughter. at first everything went fine.I visited her often and had worked out a parenting plan with the mother. Right before the parenting plan was submitted to the court the mother backed out. And has since denied me any contact with the child. This was in Sept of 1997. Since I have been allowed a 1 hour visit at christmas, and 1 weekend in Jan. We hired an attorny who drew up a parenting plan for me, which was very basic. every other weekend & holliday. The mother was mad and said she would fight it and if I choose to go to court she would say I molested the child. She admits this isnt true, but that she knows if she says this she will win. My attorny wanted 1500$ retainer to continue the case which I do not have. The mother hired an attorny and presented me with a plan that is one weekend a month when she feels like it no hollidays, phone contact. During the jan visit with the child she said she wantes to visit every other weekend and she is not allowed to discuss me with mom. She was upset and said she wishes she could talk to the judge alone. Nothing further has been done, because I don't know what to do next. I need help and dont know where to turn. Thank you.
2 Answers from Attorneys
visitation divorce
The best advise I coan give you is get legal help without you loose. Surely the child is worth the money and effort
Threat of false allegation of abuse
CAREFUL, DANGER, BEWARE. Falso allegations can still cause you involvement in the criminal process. Such involvement can mean loss of liberty and humungous legal bills. The atty wo wanted the 1500 retained may not have handled one of these cases. Check around.
Look, I can ask you loads of questions, such as, How often have you visited with the child? Were you ever alone with the child? Having the child speak to the judge would probably be wonderful and your atty could arrange that, but how much influence does mom have over the child? Would the child change her story?What were the circumstances that you learned you were the dad of this child? Obviously mom needed money but what else, if anything, happened to make her identify you 13 years and nine month's after the coupling of the two of you?
I could ask you all of these questions, but the answers to all of them are not going to keep her from carrying through with the threat.
The only thing which would address her threat is something I ABSOLUTELY CANNOT ADVISE YOU because it MAY NOT BE LEGAL IN YOUR STATE . . . Check with a local atty to find out whether you can tape reocrd without the consent ofthe other person. If you caught her on tape making the threat of false allegation if you were to pursue more visitation,I can't imagine a DA who would prosecute you for the taping. But that is only my iopnion and CERTAINLY NOT LEGAL ADVICE. Good luck!
whether you can tape record mom threatening youwith a false allegation were you
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