Legal Question in Family Law in Washington

Husband has taken everything

My hussband is refusing to let me see or communicate with my children and is not allowing me to have access into our home. What are my rights?


Asked on 6/24/07, 4:32 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Husband has taken everything

You have an absolute right to get a lawyer and pay that person to file the appropriate pleadings that will determine when and under what circumstances you have time with your children.

Depending on what county you are in, it could take six to fourteen days from the date he's served to get into court and get relief.

When a marriage ends, either the parties or the Court will make determinations as to who will take what property and who will be the primary residential parent for the children. Certain rights and responsibilities flow from those agreements or court orders.

If you have always been a stay at home mom your husband could be in a very indefensible position.

If you left the home of your own volition and have no interest in the children, that could be different.

What matters is the children's best interests.

After that, comes your community interest in your home and your property. WA is a community property state. That home is half yours. His paychecks are have yours (and vice versa). One spouse has no right to exclude the other without a court order.

But law is never self-executing.

Your relationship with your children is probably the most important relationship in your world. How you proceed right now will determine the future quality of their lives and yours. This is not something you can do yourself effectively.

You need to lawyer up, now. Hope this helps. Elizabeth Powell

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Answered on 6/24/07, 10:55 am


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