Legal Question in Family Law in Washington

How can i modify my custody order and still have my rights protected?

About 7 months ago my son went to live with his father in a another state. I signed a piece of paper stating that i gave temporary custody of our son to him. he wants full custody,which i am willing to give, as long as i get visitation and at the same time i want my rights protected. My son's father is worried that i may change my mind at any given time and take our son. I am in full agreement with the fact that he is where he should be for various reasons. His father states he needs full custody for schools,doctors ect, but do i really have to give full custody are there other types of custdy? i feel like he wants me to give up my rights


Asked on 9/26/04, 8:50 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: How can i modify my custody order and still have my rights protected?

I strongly advise you to call my office for a free consultation even after reading my response below.

First, I would need to know what state your son's father lives in?

Second, you can acheive your goals as stated in your question, which as I understand them are to have guaranteed visitation time with your son, and to allow your son's father to be the "primary residential parent."

If he is far away, a typical parenting plan would call for certain holidays to be spent with you, alternating with his father. In addition, a substantial amount of the summer would usually be available to you as well.

Third, you should know that depending on your incomes (you and the father) you may be ordered to pay child support for your son.

Fourt, as far as "full custody" goes, your husband does not need this to take your son to a hospital, or to enroll him in a school- I don't care what state he's in. There is such a thing as joint legal custody, in which you each have a right to make decisions for your son, such as what treatment to seek for a medical condition, or whether he should go to private school or public school, etc. This type of custody remains with you so long as your son is under 18 years of age.

You are correct that it appears the father wants you to surrender certain rights that you already have, which is why I suggest you call our office to further discuss this matter.

Read more
Answered on 9/27/04, 4:15 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Washington