Legal Question in Family Law in Washington

Can I enter my own house?

I moved out of the house three months ago, before any paperwork was filed. For a time my wife would allow me to come over and visit the kids, but suddenly after filing the papers she says I can't. She even had her lawyer telling me to stay out, although there have been no court orders or restraining orders or anything.

So far I have obliged just to keep the peace, but this is starting to cut me off from my kids. Not to mention this is still my house and still has many of my things in it. I like to come over and see from time to time that she isn't selling the china and taking a chainsaw to the walls.

What are my rights? My position is that it's still my house, I'm still paying for it, there have been no court orders for anything at this point, and if I want to I can show up any time without notice and start eating out of the refrigerator.

Now of course I'm not going to do that, this is just an illustration. So far I've given her notice when I want to come over. But she is becoming less and less cooperative.

My lawyer says it's best to exercise visitation at my new place. That doesn't work well for many reasons I won't go into. But he didn't specifically say ''do not go there for any


Asked on 6/14/08, 3:08 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: Can I enter my own house?

I do not want to second guess your lawyer, because that person knows more of the details of your case, but I will say, that in general, when I have a father in your situation, I tell them to get orders put in place now, even if there is no animosity, because when the animosity comes (it almost always does) you will have your rights to visitation enshrined in court orders.

I also agree that you should probably not exercise visitation at the home. You did not go into the particulars of your family's economic situation, but assuming for a moment that you are the sole or main bread winner, and assuming for a moment that you wife has little or no recent job experience, I'd say that you should be prepared to continue paying for the home for some period of time.

If visitation at your place doesn't work for some reason, then get another place that does work. I'm not going to pussy-foot around with you: You have to get used to the idea that you are not going to be able to exercise visitation in what is now your former home (even if you pay for it) forever. This might be transitional for now, but sooner or later, your wife will move on with her life, and she will not want you in her home.

If I were you, I'd get temporary orders for visitation, child support, and get your possessions out of the home now- while you still can and before they go mysteriously missing. Trust me, that table saw will not be paid for if its gone, even if she gives it to her sister's husband.

I'd also stay out of the home, just in case one day you and the wife get into an argument and she calls the cops to kick you out. That will be ugly, and if your kids see it, even worse. This is already traumatic enough for them, and even though it impinges on your rights, the best thing you can do for them is to make this easy (by avoiding confrontation in front of them) and securing your rights in court.

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Answered on 6/14/08, 3:21 am


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