Legal Question in Family Law in Washington
divorce and child custody
my x-husband has my 2 children we are in the middle of a divorce and he is leaving bad messages on my cell phone treating me with the kids telling me i am not going to see them till i go though a rehab because of the rumors that he heard from his friends which are not true so can he keep my kids from me even though the divorce is not final?
1 Answer from Attorneys
Re: divorce and child custody
For purposes of this answer, I will assume that you do not have a lawyer, and if possible, I will start by telling you, that you need one! Don't try to go it alone when kids are involved. If it means really sucking up your budget to afford a lawyer, it will be the best investment you made during your divorce. If you have to beg, borrow, or steal from family to do it, then beg, borrow, or do whatever you have to.
If there is no one to beg, borrow, or steal from, then you need to reach out to a non-profit organization that may take your case on a pro bono (for free) or sliding scale basis.
If you would at least like a free telephone consultation, shoot me an e-mail with you name, number, and a good time to call, and I will contact you. From there, you will at least have an idea of what lies ahead.
Having said that, here are some general pointers for you or anyone else in your situation:
You need to file a motion for temporary orders that sets up a temporary Parenting Plan (child custody orders) and child support order. That will preclude anyone from unilaterally keep the kids from the other parent without authority to do so. If they violate the parenting plan and hold the kids back from you without authority to do so, you can go to court on a contempt motion, get your attorney's fees (or at least part of them if you prevail) and probably get make up time for the time missed.
Since custody in general is going to be a big battle in your case, I also suggest that you get a guardian ad litem (GAL) which if you are on the lower end of the income scale, may be appointed at court expense, to act as the eyes and ears for the court, in terms of what your children want, what is best for them, etc. The GAL will write a report with their recommendations which you can agree to or challenge.
Again, this is a very general outlook, but it should at least give you an idea of what you're up against.