Legal Question in Family Law in Washington

Divorce

''reasonable visitation in his stead'' what does that mean? My ex is in Iraq and his parents are supposed to give me 30 days notice before they come up and they are allotted ''reasonable visitation in his stead''. I was told that i could determine how much time they spent with my child. My ex mother in law says she gets my ex's full visitation privledges. Can anyone help me?


Asked on 2/20/07, 12:50 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Divorce

The statute which used to provide for grandparent visitation was declared void by the WA (and US) Supreme Court a few years ago in a decision called Troxel.

Whoever "told" you that you get to determine how much time your ex's parents get to spend with your child completely missed the point.

The point is that persons who are not parents have no visitation rights at all, unless you signed and agreed to something in your decree.

You need to take your decree to a consultation with a LOCAL family law attorney to ensure that your decree does not violate WA state law by privately agreeing to visitiation with your ex in-laws.

Now, on the OTHER hand, there is a lot to be said for cultivating your child's relationship with his/her extended family, such that it might be a good thing to agreeably allow your child to spend a saturday afternoon visiting with your ex's parents.

That would be the civilized thing to do. Eventually, your child will benefit from a strong relationship with his/her extended family, and grandparents, while not entitled to time with your child, can provide lots of benefits to your child.

So, look at it that way as well.

I can't give you a lot more without looking at your decree, but I hope this helps. Powell

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Answered on 2/20/07, 1:55 pm


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