Legal Question in Family Law in Washington

How do I get my former spouse (who has custody of our daughter) to agree to certain dates and times for me to see my child when I travel from California to Ohio just to see her? How do I petition the court to modify our existing parenting plan considering that all the divorce and custody paperwork was filed in Washington state? How do I file for removal of the supervision restriction upon me when both parties do not agree?


Asked on 9/25/09, 4:31 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

As I understand it, you were divorced in Washington, where the current Parenting Plan was entered and it provides that you only have visitation with supervision. Subsequently, you moved the California and your ex and child moved to Ohio. You now want to modify the Parenting Plan.

If this is the case, you have a couple of options. One is to file in Washington at the Court where the original Parenting Plan was entered. Depending on your ex's financial situation, she may either just agree to battle this out with you in Washington or, if she is smart, try to get jurisdiction moved to Ohio, since neither she nor your child live in Washington, nor do you.

There is a law called the UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act) which provides that if everyone leaves Washington, then jurisdiction for custody purposes (such as modifying the Washington plan) shifts to the child's new home state. Since you are in California, you are going to have to travel regardless of whether you do this in Washington or Ohio.

If I were you, I would find an attorney in the county where you daughter is located, and hire them to file a modification action, so that you can try and remove the supervision restriction. That will save money on a jurisdiction fight and get you more quickly to where you want to get, which is a modification.

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Answered on 9/30/09, 5:49 pm


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