Legal Question in Family Law in Washington

Re: Non custodial parents rights where other parent' and child reside

You've got a couple of different questions here, and to answer everything fully, I would need additional facts.

First, is there a Parenting Plan or Custody order in effect? If not, why? Were you married to your son's father? If not, has paternity been established (is his name

on the birth certificate, has there been a court hearing or blood test determining that he is the father, etc.)?

If he has not been legally established as the father, then it is simple, he has no rights. He can sue to establish paternity and then seek custody, but until then, he has no rights.

However, if he has been established as the father, is there a Custody Order or Parenting Plan? If there is, then you need to follow it, at least until it has been modified, or superceded by some other court order.

An easy way to protect yourself is with a Civil Protection Order (anti-harassment order). If you tell the court what you have said in the question you posted, you likely will get a proteciton order which prohibits him from

having _any_ contact with you ... he cannot go to your friends home, cannot come within a certain distance of you or your son, cannot call you, and cannot have contact with you through one of his friends. If he is using firearms to harass you,

as you have stated, then that is also a criminal offense (he potentially could be charged with felony Assault, up to second degree). You should report such behavior to the police. Any physical contact can lead to charges of Domestic Violence

Assault charges against him (if the physical contact or threats are toward you), plus there are telephone harassment charges that can be brought and even perhaps stalking. In other words, there is the potential of a whole slough of criminal charges

being brought against him. This could be important, especially if there is a present Parenting Plan or Custody Order, since in Washington, Domestic Violence can be sufficient reason to either completely prohibit contact or require supervised visitation,

plus it weighs heavily in keeping him from ever being able to gain custody from you. Further, by seeking a Protection Order, you are able to further protect yourself, and if he violates it, a phone call will usually land him in jail.

Another issue that may come into play is that of abandonment. You state that his father chose not to be in your son's life. Depending on what, precisely, you mean by that, you may have grounds to keep him out based on abandonment.

Best of luck. If I can be of additional help on this matter, please don't hesitate to contact me.