Legal Question in Family Law in Washington
Are my kids protected??
I have a protection order and my son is protected with this order but i recently had another child and i want to know if she is protected also. My husband and i are seperated and he has been harassing me and telling me that by him not being able to have communication with his kids that i am breaking the law. I want to get sole custody of them and believe i have the right to do so since he refuses to pay child support and i have now been forced back into work with a 7 week old baby at home. I want to do everything by the book so he can not turn it back on me in the end. Please help me with some answers!
2 Answers from Attorneys
Re: Are my kids protected??
If the order does not name or take into account your newborn, then he would not be protected by it. However, since your husband is restrained from having contact with you there should be no problem. I would recommend that you have the court amend the order of protection to include your newborn. Since you have an order of protection your husband is not correct in stating that you are breaking the law by not letting him see the children. In addition, if he has been contacting you since the entry of the order of protection then it is likely that he is in violation of it, and you could have the court hold him in contempt.
If you need further assistance please feel free to contact me.
Re: Are my kids protected??
Mr. Vasquez has answered this well. The only other comment I would add is that Tacoma Pierce County Bar Association has a Volunteer Legal Services program with a Family Law clinic where you can go and talk to an attorney and get more practical, hands-on advice. I don't know the website address, but if you use google with Tacoma Pierce County Bar Association Volunteer Legal Services as a search term, it'll come up.
You also have the option to ask for help with child support from the Family Support Division of the Pierce County Prosecuting Attorney.
You have to have a court order or an administrative order requiring him to pay support before he can refuse to pay it.
Hope this helps. Elizabeth Powell