Legal Question in Family Law in Washington

Re: temporary custody

If she won't let you take your daughter, call the police and tell them that you need a "peaceful" escort to pick up your child, and tell them why. This should work. They should ask your mom for an order stating that she has custody. Most likely she won't be able to produce one.

If they say that they can't help you, then you will need to go to court to file an OSC to take custody. You don't want to traumatize your daughter.

There are certain other factors of which I am unaware, such as whether you have been visiting your daughter on a regular basis, etc. The court is going to look at what's in the best interests of your daughter. If you are a virtual stranger, then it will take time to get custody back, most likely, if your mom fights this.

Re: temporary custody

Theoretically. Ms Healy has given you some good advice.

The police cannot enforce an order that doesn't exist, and with no order, your mother has no right to withhold your daughter absent your express agreement. If you revoke that agreement, she'd have to file a third party custody petition to be allowed to keep your daughter with her.

That said, I also agree that the Court will do what is in your child's best interest. If you are a complete stranger to your daughter, this is going to be traumatic. Courts don't want to traumatize kids. So, do whatever it takes for this not to be traumatic for your daughter.

In the event that your parent decides to file for custody, you are going to have some explaining to do as to why you walked away from your child for five years, and why the court should move the child. That is an entirely different problem.

Hope this helps. Elizabeth Powell