Legal Question in Family Law in Washington

Divorce

I am considering divorce. We have one 12 year old son. Do I leave the house? or does he leave? If I choose to leave and stay with family can I take my son with me? I want to be able to take my son legally.


Asked on 10/08/07, 5:13 pm

2 Answers from Attorneys

Christopher Steuart IT Forensics, Inc.

Re: Divorce

Whether you should leave the house or he should leave, or for that matter both of you leave will depend on several considerations for which you have provided no information. Prior to a court order being entered that controls parenting, either parent can take a child anywhere without the permission of the other parent, but if one does act unilaterally (especially if it is an extreme act, e.g. taking child a long distance away) they should anticipate the possibility that the court may undo their action (i.e. issue a order contrary to their action). Best course is probably to file petition and motion for temporary orders at same time. There are many more details that would control recommendations I would make. Although this is relatively simple work, if you are unfamiliar with court rules and evidence rules you could make a serious mistake. You need to talk with a family law attorney in the Vancouver area.

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Answered on 10/08/07, 7:15 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: Divorce

You are asking a highly complicated question that requires a skilled professional to ask several questions back in order to effectively and helpfully answer.

I am loathe to answer your question and accidentally mislead you.

There is a wealth of information available on the internet, but my best advice is to go find a local family law attorney and set up a consultation.

Some lawyers charge a fee for a consultation. Others do not. Ask. The office will tell you before you get there, so you know what to expect.

A lot of lawyers have websites. Go look. Or, go to avvo.com and use family law for a search term.

Its important that you find and talk to somebody you like, that you understand and who understands you.

There is also a newer concept called collaborative divorce, which is a new way to divorce (but it takes people who can cooperate).

Divorce is a life-changing event. Please know what you are doing before you make irrevocable decisions for your self, especially when you have a child.

Elizabeth Powell

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Answered on 10/08/07, 7:23 pm


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