Legal Question in Family Law in Washington

Non-Custodial parent w/Malicious Intent

My girlfriend is asking the court to severely limit the access that the non-custodial parent has to her two kids. The father, in this case, has an extensive criminal record and is currently being charged with assault and driving with a suspended license. In addition to that, his family filed a child abuse case against me, the boyfriend, which turned out to be inconclusive (not charges, and no action by CPS). She is asking the court to restrict the non-custodial parent from any visitation until he can meet such requirements such as being off of probation, not facing any current criminal charges, take anger management classes, and possess and job and have a license that isnt suspended. The court is allowing him about 1 1/2 months to prepare his own parenting plan and the court also assigned a custody investigator.

Any advice on how to tackle this?


Asked on 3/28/07, 1:21 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Non-Custodial parent w/Malicious Intent

Get along really well with the parenting investigator. Not that they are your friend, but they are the eyes and ears of the court, and whatever impressions that person takes back to the Court is what's going to control the Court's custody decision.

Severely limiting access to a parent is sometimes called parental alienation, and one has to be very careful that this doesn't backfire on the moving party.

Getting CPS involved is a dirty trick, and it will not go unnoticed by the Court.

However, better to ask for supervised visitation with the NCP rather than no visitation. If his charges do not involve crimes against children, chances are the Court isn't going to require that he have no contact whatsoever with the kids. I can see a court requiring that he not drive the kids without a valid license and insurance, though, that's awful.

Those are my thoughts. Can't really give you advice, I don't have nearly enough information.

Hope this helps. Powell

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Answered on 3/28/07, 5:56 pm


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