Legal Question in Family Law in Washington
Parental Rights and visitation
I'm a father of a 3 1/2 year old little girl and me and the mom is no longer together since my daughter was 6 months old. since then my daughters mom has moved and wouldn't let me see my daughter i've tried to contact her in many ways but no luck then i ran into her sister and she said andrea said you can't see you daughter unless you go to court so once i've learned that i went down to the court house and filed a petetion for visitation. and then had her served i then today recieved a letter today from my babies mom well it was another petition for a parenting plan saying that she doesn't want me to have no visitation of my daughter she says i'm a drug dealer and some other degrading things that is not true. we go to court on the 13 of nov. do you think that the courts will grant her no visitation or will they give me no visitation but like i said i've tried to contact her and my daughter for 3 years and this was my last resort. please help me will i be able to see my daughter.
1 Answer from Attorneys
Re: Parental Rights and visitation
It always depends on the facts as developed and how you handle going to court.
WA courts are generally loathe to say that a parent cannot see their child. Parents have what is called a liberty interest in their relationship with their child, and in order for the State to disrupt that, there has to be some real reason that the parent cannot see their child.
Even criminals often have visitation. (unless their crime is against a child or children) If you are not a drug dealer, be prepared to show that you have a job, and a place to live, and be prepared to pay child support.
Be prepared to show documentary evidence that you are a regular, reliable person. Be prepared to show that you have tried to find her for three years.
If you don't have a lawyer you should go get one. If you can't afford one, talk to volunteer legal services in Pierce County, and see if you can get to a clinic where you can get some real advice.
In the gratuitous advice department: Dress up for Court. No tats, no piercings, no sweatclothes. Clean up. Confirm your hearing and be on time if not early. Have orders ready to be signed.
Hope this helps. Elizabeth Powell
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