Legal Question in Family Law in Washington
military mom needs to know what her estranged son's father's rights are
The father of my son and I never married and never filed a parenting plan. I filed for child support (in WA) and he never responded, he is now in the Army reserves (in CA) and all I have of him is his unit address. He has no contact with his son, or myself. I'm active duty Army and am about to move to texas and eventually deploy overseas. Do i need to establish some sort of legal custody? Would i have to file for it when i move to texas as well (march 08)? I would really like to know what i need to do so that he has no authority over my child, i.e. his permission for a passport, his permission for my child to leave the country? My son will be staying with my mother while i'm away, and they will most likely travel to Mexico, can my son still go without his permission/knowledge? I'm leaving my mom with temporary custody per military deployment protocol, but does his father still have any rights over him?
2 Answers from Attorneys
Re: military mom needs to know what her estranged son's father's rights are
You will want to get in touch with the Family Support Division of the Pierce County Prosecutor's Office. If a paternity action has not been filed, you will want to do that, and get a temporary parenting plan in place (if not a final plan). You should seriously consider getting an attorney to do this. There are several attorneys in the Tacoma area who can help you with the interface between family law and military service. James Cathcart comes to mind.
Re: military mom needs to know what her estranged son's father's rights are
You need to talk to Jim Cathcart in Tacoma or Bruce Baxter in lakewood as soon as you can. You are raising a whole host of issues I cannot possibly address on the internet.
Your Mom is not a parent. The father is a father, same as you are the mother. His rights trump your mother's.
Please, please have a consult with a family law attorney who is experienced with military issues.
You can find any Washington attorney at wsba.org under Lawyer Directory.
Elizabeth Powell
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