Legal Question in Family Law in Washington

At this point, if the court order provides for such visits as it was written six years ago, then he is obligated to provide that visitation until a new court order says otherwise. If I were the father's attorney, I would file a petition to modify the parenting plan on the basis of abandonment, explaining that the mother has been gone for the last six years, has never visited the child as originally court ordered in 2008, and now she has returned out of the blue asking to exercise her visitation.

In conjunction with that petition to modify the parenting plan, the father can then file a motion for a temporary parenting play (child custody order) that would remain in place until a trial can be held on his petition to modify the current order.

Hopefully, somewhere along the line, the father and mother can figure out just how serious she is about exercising visitation on a consistent basis, and assuming she is serious, figure out a way to gradually re-introduce the child to the mother in a way that does not harm the child.

In general, the law is written with the idea in mind that whenever possible, no matter how bad a parent has been to a child in the past, if the parent demonstrates that they have changed, and if it is possible to have a relationship with the child that is in the child's best interests�and this is the key, that it be in the child's best interests�then the court will do what it can to make visitation possible.

Regardless of the father's financial situation, he would be best served if he hires an attorney. If he does not have resources for one, he should contact his local bar association or the Washington State Bar Association who will put him in touch with attorneys or organizations that may be able to help on a reduced fee or free basis depending on his financial situation and the availability of such attorneys or organizations in his area.