Legal Question in Family Law in Washington
My parenting plan
I have had my court ordered parenting plan for a few years now. The plan says that I have the option of having my daughter from 5pm to 8pm on alternating wednesdays. I have not always exercised this visit due to my daughter having sports she played on wed in which I did attend, in the summer I get her on thursdays so I didn't exercise the wed. then because I had her thur anyway. So now I want to try and exercise my wednesday now that there are no sports and it is not summer. My regular schedule is to have her from 4:30pm fri to 5pm sunday every 1st, 2nd, & 4th weekends with the ''option of alternating wed from 5 to 8pm. My X says that since I haven't exercised my wednesday visits regularly that I should loose them but she is willing to give them to me if I provide all transportation. The parenting plan says that the recieving parent shall provide transportation, meaning when she is to come to my house I pick her up and when my daughter goes back to her mothers home the mother picks her up. Unless we can mutually agree on a half way meeting place. There is nothing in my parenting plan that says there is any kind of penalty for me not exerexercising my OPTIONAL wednesday visits. Is there a law and penalty if I don't reg take my wed?
1 Answer from Attorneys
Re: My parenting plan
Just what you are encountering now - it is a concept called latches, which means if you don't exercise a right you can lose it.
However, before you and the ex start spending money on lawyers, see if your plan has a dispute resolution provision. That could be a good way to resolve this.
If I were your judge, I'd be wondering whether the ex put the child in sports deliberately frustrating your wednesday evening visits.
Because the order says you have the option, not the duty, sounds as though your ex may have to explain why the child was not available for visits.
You can hold her to the "receiving parent" language or you could offer to drive for the Wednesday evening visits and look like a prince to your daughter and to the Court. Plus, you would get more time with her, as an added benefit.
Hope this helps. Elizabeth Powell
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