Legal Question in Family Law in Washington

Removal of child from state and refusal to return.

My son has had phyisical custody of his daughter, my granddaughter, and the granddaughter was taken from the state to visit her mother, Arizona, under the pretense of visiting a couple of weeks for mothers birthday. Now the mother is refusing to return the child to her state of residence, Washington State, and it can be proven that she has been residing in Washington State. Mother refuses to even talk to my son on the phone to resolve the issue. What recourse does he have. There is no divorce, she is 4 years old and he has had here for 3 of those four years. any suggestions???


Asked on 3/05/08, 11:21 am

1 Answer from Attorneys

Tamara Murray Tamara C. Murray, Attorney at Law

Re: Removal of child from state and refusal to return.

Yes, he has recourse. Under the facts you've stated, he should commence an action in Washington and request temporary custody orders along with a writ of habeas corpus directing that your granddaughter be returned to his custody in Washington pending further orders.

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Answered on 3/05/08, 11:43 am


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