Legal Question in Family Law in Washington

My husband currently has my son and we are currently going through a divorce. he is NOT on the birth certificate. and he is not keep me informed of the well being of my son is there some way that i can take my son away from him and give him to my mother. i am currently on deployment.


Asked on 10/26/11, 3:21 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

For purposes of answering this question, I'm going to assume that although your husband is not on the birth certificate, he is the child's father. If that is the case and you are on deployment, the answer to your basic question is "yes" you can do something to allow your mother to have at least some visitation with your child and possibly to have primary residential custody of your child while you are away on deployment with visitation to your husband.

Washington law specifically makes this exemption for military personnel who are deployed. Otherwise, there is no way you would be able to assign your residential time to your mother. You mentioned that you are currently going through the divorce: if you have an attorney, ask them about what I've written to you here. If you do not have an attorney, I cannot strongly enough emphasize to you that you need to hire one given the geographic problem that you have as well as the general difficulty of navigating to a divorce with children.

Given that you are deployed, if you would like to at least speak with an attorney to get a better idea of what is involved in your situation, feel free to at least e-mail me directly and I'm happy to try and answer your questions and at least give you some direction about costs time and other things that you may be wondering about. From there you can at least make an informed decision about whether to hire counsel or how to proceed with your case.

Very Truly Yours,

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Answered on 10/27/11, 4:37 am


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