Legal Question in Family Law in Washington

Emergency Custody Order

I suggest that you return to the state wherethe original custody order was granted. I can see your state of residence acting in the absence of your children not being present. If you obtain custody the matter maybe transfered to your current state. However, I am not a licensed attorney in either of your states. However, I can not see any way that you can transfer to Oregon at the present time. Get an attorney in Washington.

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emergency visitation orders in non-resident state

From the facts you have provided and the fact that all the states have enacted the Uniform Child Custody Jurisdiction Act, it would seem that Oregon courts would not have the power to enter any orders regarding visitation with your children. As a Washington Court has jurisdiction, they liove there, you moved out of state and there al;ready is an order in effect regarding your relocation. i suggest that you have to go back to King County to seek relief.

This transmission does not create an attorney-client relationship. We will not represent anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific problem, seek the services of a knowledgeable attorney in your area.

Modification of Parenting Plan

1. The proper jurisdiction is WA. See, generally the UCCJA (Uniform Child Custody Jurisdiction Act) Chapter 26.27 RCW http://leginfo.leg.wa.gov/pub/rcw/title_26/chapter_027/ So long as WA is the home state of the child, OR can not in most circumstances modify the WA parenting plan. Even if the child was somehow in OR on an emergency basis, OR should still properly send the case back to WA.

2. If the court gave dad "custody", it was not illegal. Did you appeal?

3. Who told you "the case has to be open in the state in which you live"? That is wrong.

4. Who is to do the home study? If the Parenting Plan does not specify, have it done in OR by a local person.

5. Upon receipt of a favorable home study, present it to the court (or GAL) as required by the order.

6. The ball is in your court. Do what you are ordered to do. If the father still refuses visitation, make a motion for contempt.

Custody of Out-of-State child

I don't know about your state, but I believe that in my state (NC) the child would have to be physically in the state for this state's courts to take jurisdiction of the dispute. Sounds to me like you may have to hire a lawyer in Washington to pursue this for you. And, for you to get custody (in my state) I believe that you would have to prove that the father is unfit to have custody, which is exceedingly difficult. So, if I were advising you in NC, I'd probably tell you that it's going to be difficult and expensive. I wish it were otherwise, but, as you probably have seen on TV, this is an all-too-common situation. And your belief that the children are being mistreated is going to be very difficult to prove. One last thought - if you really believe that the children are being mistreated (and not just because the father won't let them visit you), you should report it to Washington's equivalent to NC's Department of Social Services. They will investigate and, if they find neglect or abuse of the children, they will likely give you the first shot at getting custody. But if the children turn out to be OK, you will have wasted your time and theirs. So don't just report to them because you are mad or because you're not getting to visit. You'll likely get nowhere. Also, if you have some "cloud" on your record (such as recent criminal charges, past abuse or neglect of children, etc., etc.) you may be less likely to get either custody or visitation through a report to DSS (or the WA equivalent agency which investigates neglect and abuse). I find that my clients often acuse the other parent or guardian of bad stuff (in NC), but the local judges don't pay much attention if my client is an alcoholic, drug addict, doesn't have a regular job, or whatever (I'm not accusing you of anything, mind you, just warning you that you will be looked at carefully before the WA courts or DSS will be of much help to you. Now, as to the Guardian ad Litem, that person, unless it was a lawyer, may be long gone. Again, you're probably back to hiring your own attorney in WA if the DSS (or equivalent) cannot or will not help you. Good luck.

Jurisdiction for out of state modification

The federal Parental Kidnapping Prevention Act and the Uniform Childcustody Jurisdiction Act prevent the case from being transferred toanother state if one party still lives in Washington State. An exception isif the Washington Court grants leave to file in Oregon. If you havepermission or the father does not live in Washington it should be a simplematter to file a custody proceeding in Oregon.