Legal Question in Family Law in Washington
family law/parenting plan
i have a parenting plan for my daughter that was agreed upon by my ex-wife and i when we divorced in 1997. my daughter was an infant and the parenting plan was listed as temporary because it had no provisions for when she started school. she's nine now and my ex-wife has consistently been refusing me visitation. can i hold her to our original parenting plan or do i need to submit an updated one? and, if i need a new one, how do i go about that? i know my ex will not come to an agreement on any kind of visitation so, do i submit a parenting plan and wait for her to submit her proposal and let the court decide? this is how i understood it was done but, I'm not sure.
1 Answer from Attorneys
Re: family law/parenting plan
When you divorced, you had a final parenting plan, but since 1997 the forms have been revised to account for the difference in parenting plans for little kids and school age children.
Your best bet is to ask the court to require her to follow the original plan to the letter, because the court likely will do that.
Your ex is risking contempt by refusing to allow you visitation. Go look at a case called In re Marriage of Rideout - where the Supreme Court upheld a contempt finding against a mother who failed to facilitate visitation between her daughter and her ex.
You can ask the court to award you attorney fees for having to enforce the plan, to be paid by your ex.
This is not self-help law; get help from an experienced, LOCAL attorney. Its your child's future, so do it right, don't try to save money by doing it yourself.
Same way I don't work on my own car.
Hope this helps - Powell
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