Legal Question in Family Law in Washington
millitary dad-custody
My son's father is in the army.(we are not together) He wants to add our son to his dependents list, when he comes back on his leave. Does he have to have legal custody of our son in order to do this? And i have not filed for legal custody of my son, i didnt know i needed to until coming to this site. Can his father file for legal custody with out me knowing? Also, is there a cost to file for legal custody? Thanks!
1 Answer from Attorneys
Re: millitary dad-custody
There are some ambiguities and gaps in information in your posting. It is not clear if the father of your child is married to you. I'm guessing he is not. It is not clear if the father is listed on the Birth Certificate or has signed an Affidavit of Paternity. The approach to this type of situation in Washington is to get a paternity action started (with the Pierce County Prosecutor or a private action). You can not get a parenting plan without a determination of parentage. Washington does not use custody orders; it favors the concept of parenting. Washington recognizes that one parent is designated as custodial parent for certain limited legal purposes but favors joint custody and decision making and sharing of residential time by both parents.
As to the father listing your child as a dependent, the Army will require documentation of his paternity: Birth Certificate, Affidavit of Paternity or Paternity Order for the listing to be effective.