Legal Question in Family Law in Washington
Mother's stepfather is convicted child molester and she smokes dope
Mother has had my baby around her convicted child molester stepfather. Mother also smokes dope and drinks. She says she is breastfeeding. Want to get 5 mo. old daughter away and get full custody. Thinking of doing ex-parte orders for change of location and waive requirements for notice of relocation. Have been doing supervised visits with mother there and judge wants me to do this for 5 more weeks. Don't want visits at stepfather's and she goes there a lot so her mom can babysit. Disagreement with parenting plans submitted. What can I do to protect my daughter? Go ex parte?
1 Answer from Attorneys
Re: Mother's stepfather is convicted child molester and she smokes dope
If you are doing supervised visitation, that would suggest that there was some adverse finding about your behavior also. Your attempt to take child away from mother may well result in child going into foster care or at best into the care of a reliable family member. Be careful of what you do. One alternative is you can seek a no contact/restraining order in ex parte to prohibit contact with the step-grandfather (with full hearing 2 weeks later), and simulataneously file a petition for modification of the parenting plan and motion for temporary order, but I'd recommend doing an analysis of evidence and probable outcomes before I worried about procedure.
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