Legal Question in Family Law in Washington
non-custodial parent requesting PP modification. PLEASE HELP.
I am the custodial parent of my 12 year old daughter, and have been since she was 20 months old. Her mother has requested a modification to the PP and the hearing is set for 7/14/08. Her husband has signed as a witness supporting her statements. He has a warrant out for his arrest (for domestic violence). If he appears in court, should I mention that to the judge and do I need to present evidence supporting it? Also, she owes back child support, so should that be mentioned in court? She also works ''under-the-table'', and I can prove it. Should I mention that? She wants to change the PP to make it more convenient for her in every aspect. Her main complaint is that I'm following the PP to a ''T'' and I will not make any exceptions. Lastly, per the PP her mother is to have visits every other Tue & Thu during Summer. She is trying to request me driving my daughter to work with me on those days so she doesn't have to drive the extra 20 miles, since she lives in the next town over from where I work and I live 20 miles out of town. I feel as though she should have to follow the PP and drive to get my daughter as I drive to get her from her mom's every other weekend, etc. Per the PP, the receiving parent is to provide transport. PLEASE HELP!
1 Answer from Attorneys
Re: non-custodial parent requesting PP modification. PLEASE HELP.
Your hearing is coming up very soon, and from what you've provided above, I'd say you ought to immediately get in touch with a local attorney to handle this matter for you. You are the custodial parent, and as such, you have the most to lose.
Having said that, I think that if mom's main complaint is that you follow the Parenting Plan to a "T" then you ought to have nothing to worry about. Mind you, I am relying on your interpretation of what the modification papers that you've received are saying. Forgive me, but often, lawyers find that what their clients interpret papers to say versus what the lawyer reads are often very different interpretations of the same documents. In other words, you may have a lot to worry about, and I can't say for sure until I were to read the actual pleadings filed with the Court.
As for your specific points, I will address each one briefly. You should mention the husband's outstanding warrant, but not as a main point, just as a point in addressing his credibility. He will likely be arrested if the warrant is from your county and he is present. The judge will run him in the computer right there if the judge is inclined to have him arrested. Keep in mind, this is tangential to your modification proceedings. By the way, this may backfire on you if you have allowed your daughter to be around this man, knowing that he has committed DV. The judge may wonder why you have not sought a protection order to prevent his being around her.
If an adjustment to the support order is also before the Court, then you will want to address the back support owed. Bring as much evidence to prove that back support outstanding.
As for transportation, unless someone has moved or some other change in circumstance makes the old transportation provisions of the Parenting Plan outdated or unfair, I do not see a judge adjusting this provision.
Again, I emphasize that you need a lawyer, and right away to make sure that what seems like a relatively simple matter does not come back and bite you like a bear who catches a hunter with his guard down.