Legal Question in Family Law in Washington

Can I file for full custody if father incompetent?

My son's father and I have never been married or lived together. We have always made verbal arrangements for our son's care. A quick background. He has not paid any child support in the last five years, though he does watch our son while I work evenings and we share him on weekends. A few days ago, he brought a gal he's dating into his home and unfortunately my son witnessed sexual acts that traumatized him. Now that my son is old enough to articulate his pain, I am in pain. I am tired of overlooking his father's incompetence and want to take full custody of my son. Here's the topper, she's 16 and he's 29. I know that they were involved for a time when she was 15 and it started up again. I want full custody of my son, I don't want my son to be raised around her. I believe he wants to be with her, but she's too young. Do I have a case? Did he just commit statutory rape? Can he go to jail? I just don't know where to turn for help. I want to know my options.


Asked on 11/21/07, 12:05 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Can I file for full custody if father incompetent?

You need to contact a local family law attorney and have an in person consult. The facts you raise are certainly of concern. You are correct that a court is going to be worried about the judgment of your ex, given what you say your son witnessed.

WA calls custody "primary residential placement". As your son spends the majority of his time with you, and the other parent is demonstrating poor judgment, it is entirely possible that you would be able to restrict his time with his child.

It is entirely possible that he has a statutory rape problem, but that's a decision for a prosecutor. You can report what you know. If your child is seeing a counselor (hint) the counselor is a mandatory reporter.

Your case is a parentage action. It is between you and your ex. Your ex's choices in girlfriends, and whether those choices are legal, are your concern so far as they impact your son, otherwise not.

Please go find local counsel and tell them your story.

Hope this helps. Elizabeth Powell

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Answered on 11/21/07, 12:39 pm


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