Legal Question in Family Law in Washington
Divorce & custody issues
My wife filed for divorce on 6/11/07. We went to dinner that night went to sleep I went to work. When I came home I was served with divorce papers and she had moved out. She took our 6 year old daughter. I have not seen or heard from her since. She left no forwarding address and wont let me contact our daughter. What are my options to see my girl. We dont have any rulings in place. My wife has had some mental problems and was in a mental hospital for a night just two months ago. She has attempted suicide but there is no documentation. If I want to fight for custody any idea what this might cost me. Any help would be apprecited. Thanks
2 Answers from Attorneys
Re: Divorce & custody issues
You could seek an ex parte restraining order and order to show cause, and set up a hearing for temporary orders. I would not want to make a prediction about fees, because contested divorces involving parenting plan issues can vary quite widely. Fees for Ex parte orders and motions for temporary orders can vary widely based on how complex the situation is. The quality of the evidence that you can present will have an effect on resolution. Don't expect it to be inexpensive. After you get temporary orders in place, you may want to get mediation set up earlier rather than later.
Re: Divorce & custody issues
You need to calmly and rationally find the attorney who is best suited to provide you counsel right now.
Fighting for custody is very hard on children. I know it seems right now as if the only possible response is litigation as battle, but it is not.
You will be able to have residential time or be named primary residential parent, and you can get temporary orders in place in 14 days, unless there is something deeply wrong with your relationship with your child.
Your wife's mental health is a troubling issue, because she may well claim that her issues are because of your conduct. Don't leap to accuse her of unfitness on that basis just yet.
You need an attorney first. The attorney will have a private investigator who will locate and serve your wife.
The most important thing you can do right now is to figure out how to articulate the basis for your request for primary residential placement.
This has to be one of the most deeply disorienting experiences of your life. That is okay - handling this is what family law attorneys do for a living.
You might want to contact Joyce Heritage. You can find any WA attorney at avvo or wsba dot org.
Cost? It depends. A low conflict resolution will significantly reduce the cost. A high-conflict dissolution can routinely cost $10,000.00 to $50,000.00.