Legal Question in Family Law in Washington
Mothers right
Every time me and my boyfriend get into an argument and i want to leave,because it get's really ugly,i feel trap.I can't leave when he's around because he wont let me take our son or when he's not home because i'm afraid he's going to call the cups on me and say that i ran away with our son or kidnap our son.we been leaving together for almost 3 years and im really tired of feeling this way.So my question is if i take off with my son while he's not around im i going to get charge with kidnaping/running away with my son?Do i have the right to take off with our son without his permission or him knowing?
1 Answer from Attorneys
Re: Mothers right
The remedies that lawyers offer in these situations involve using the courts. I usually recommend that people at least consider what the core of the problem is, what they want in the larger scheme and what resources are available to get them there, I can offer some assistance on that course of action. The legal remedies are: Without a residential plan (parenting plan) or other court order that limits one parents authority, either/both of you have full authority with your child. If I assume that you have already decided that you want to leave with your son and the only thing that holds you back is fear and not knowing what your rights and the father's rights are. Whether you have established paternity (legally) would influence the details of what I would recommend, but the substance is the same. You file a petition to establish a residential schedule and support; you can then if you think it appropriate proceed to ex parte to get an order that sets some immediate limits (including a restraining order/protective order if appropriate) and sets a hearing on temporary orders, then leave the home and get him served immediately after that.