Legal Question in Family Law in Washington

Uniform Child Custody Jurisdiction Act

You raise two questions. The second may be the more critical.

(1) The answer to your first question is, for every state, what is called the Uniform Child Custody Jurisdiction Act (UCCJA). The WA statute, chapter 26.27 RCW, can be seen at http://leginfo.leg.wa.gov/pub/rcw/title_26/chapter_027/.

The UCCJA, which has been adopted in substantially similar form by all 50 states, states that, in order to commence a custody action, the state must be the "home state" of the child, which is where the child has resided for the last 6 months. See RCW 26.27.020(5) at http://leginfo.leg.wa.gov/pub/rcw/title_26/chapter_027/rcw_26_27_020 and RCW 26.27.030(1)(a) at http://leginfo.leg.wa.gov/pub/rcw/title_26/chapter_027/rcw_26_27_030.

Thus, if your husband is smart, he will initate a custody action in Hawaii within the 6 months.

(2) Your second question is: "How do I protect myself from him taking her from me after I leave, while I am waiting to file?" The wording of your question does not suggest that your husband is a genuine threat to the welfare of your daughter.

You thus seem to mean, how can you keep him from dealing with you in the same manner as you have dealt him? Until 6 months has passed, you can't. Even if you claim an emergency, before 6 months pass, for the protection of the child, that emergency jurisdiction in WA would only last as long as it took for HI to take jurisdiction.

More importantly, remember that what goes around, comes around. If this leaving is for your own convenience or desire to gain control, do you want your daughter turning against you in the future when she learns of the bad faith manner in which you limited her contact with her father?

Moving with child from one state to another

Why haven't you filed for divorce in Hawaii?If you have an adequate reason, you can get Hawaiian court permission to remove the child to Washington. This is generally allowed if you have family in the other state, if you have a good job offer there, etc.The court will require a visitation schedule set up so that the child sees Dad too on some regular basis. Just remember, though, any family court will consider what is best in theinterests of the child first. You and your husband are secondary to the child. If it is best for her to be with you, and it is best for you to go to Washington, you will likely be allowed to take the child. But factor your husband into the mix. You had a Dad. Do you have a right to deprive your daughter of one? No. At least generally no. If he was abusive to the child, then that is another matter. He may have waived his "human rights," but I don't hear that from your question.Good luck!