Legal Question in Family Law in Washington

My ex-boyfriend was arrested for domestic violence against his present GF just yesterday, while my two yr old daughter was present. His GF is not pressing charges. He & I are in the middle of a custody battle, and he has a long RAP sheet, including 3 class B Felonies, and 2 class C's...I have a clean record and am a good provider & Mom....what are his chances of being designated as primary custodian for her? Oh, and he is underemployed,on welfare since this past April, and my wages are garnished $500.00 per month(I only work part-time and earn just over $1,000.00 per month!) We were sharing custody, verbally agreed, until I found out about this.


Asked on 11/06/10, 7:58 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

The courts will generally make the person who has been the primary caregiver the primary residential parent. A criminal history and especially DV may actually result in restrictions on his residential time, place, etc. If no residential schedule or order of support is in place you should get that in place. It is unclear if paternity has been established (paternity affidavit) or paternity action in Superior Court, if not that will need to be done also.

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Answered on 11/20/10, 5:30 pm


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