Legal Question in Family Law in Washington

Visitation

Hello, I am a non-custodial parent and I have visitation with my son 3 weekends a month from Friday through Sunday. I have moved out of state from Washington to Texas from July 22, 2007 to the present.

My visitation schedule has not been practical since the move. I have not seen my son since July 21, 2007, and I have not contacted him much since then, due to the distance issue.

I need to know if it's too late to modify the Parenting Plan?

If not, would I have to be present in the Washington courts for my plan to take effect or can I file locally here in Texas?

I have tried to find this information all over the internet, but I have had no success. Any help is appreciated!

Thank you!


Asked on 4/30/08, 9:16 am

2 Answers from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: Visitation

It is never too late to modify your Parenting Plan, unless the child turns 18. You do not have to be present here in Washington to attend court, if you have an attorney to represent you. In some cases, even if you do not have an attorney, it is possible to arrange to appear telephonically, but in my experience, judges do not appreciate this, especially if it is habitual. It is best if you appear in person with an attorney, and second best if to have an attorney appear on your behalf without you, or with you appearing telephonically to listen in. The worst is if you appear and argue telephonically.

As far as where to file, you are going to have to file in Washington because your child or at least one parent has remained here since the original orders were entered here.

If you are interested in seeking counsel and would like a free telephone consultation, please feel free to click on my name below to get our phone number, or click on the e-mail address below and send me an e-mail. I or my paralegal will get back to you as soon as we can.

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Answered on 4/30/08, 9:54 am
Gary Preble Preble Law Firm, P.S.

Re: Visitation

You may read the requirements for modification in RCW 26.09.270, which is at http://apps.leg.wa.gov/RCW/default.aspx?cite=26.09.260.

It would appear that (5)(b) would apply in your case. If you choose to do it yourself, forms may be found at http://www.courts.wa.gov/forms/. Call the court administrator at the county of the original parenting plan to see how readily they would allow you to appear by phone.

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Answered on 4/30/08, 1:06 pm


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