Legal Question in Family Law in Washington
Joint custody - teen son now wants to live full-time with Dad.
My husband has joint (50/50) legal/physical custody of his son, who will be 15 next month.
His son (''John'' - not his real name) has not been getting along with his mother or her fiance, whom she's been with for a year & 1/2 (they're getting wed in 2 months). ''John'' has run away about 3 times from the mother's home.
We recently found out that the mother has been verbally abusive to ''John'' (called him a ''f-ing idiot, an f-ing moron, that she's ashamed of him, and he's an embarrassment to her family''), ''John'' says his mom bad-mouths ''John's'' father all the time, & 2 wks. ago, there was a heated argument, during which the fiance physically assaulted ''John''.
''John'' met w/ his counselor 3 days later, told him what occurred (counselor saw scratches on John's neck from the assault, contacted CPS), and told us a week later, during our week with him. ''John'' told his mother he wants to live w/ Dad full time, she refuses.
Yesterday, we took ''John'' to the King County Sheriff to file a police report re: the assault.
''John'' called 911 right after the assault occurred, but his mom hung the phone up, and when 911 called back, she lied she said SHE called them due to an out-of-control teen.
WHAT can we do to get full custody??
1 Answer from Attorneys
Re: Joint custody - teen son now wants to live full-time with Dad.
The mechanism is to file a petition for modification of the parenting plan (and the support order as it would probably change if there is a major change in residential time). At the same time that the petition is filed you should file a motion for temporary orders and a motion for threshold/adequate cause hearing.
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