Legal Question in Family Law in Washington
I have a son who is with his mother. Never married. She filed charges against me for allegedly grabbing her arm, I can't contact her for 18 months. She has started taking child support payments. I would like to file for joint custody at the very least to see my son. What can I do? If I motion for this and she does not respond what happens?
1 Answer from Attorneys
You should petition to establish a parenting plan/residential schedule. It is unclear from your question what the "domestic violence" handling was. How it is handled will affect whether you can have joint decision making or can be the primary residential parent, and affects certain presumptions by the court. As to what happens if you file a petition and other party does not respond, the rules say you get what you petitioned for, but again the "dv" laws affect that outcome, i.e. you may not be eligible for certain relief. The details of your situation will affect the answer. You should consult with an attorney where you will have the opportunity to fully detail your situation.