Legal Question in Family Law in Washington
Visitation Rights
I have a son with an ex-girlfriend, they both live in Washington. I moved to Maryland a year ago. I pay child support and speak with my son at least once a week. She's refusing to let me have un-supervised (by her) visitation with my son. She's also refusing to work with a mediator to create a Parenting Plan with me. I want to take her to court for joint custody and my visitation rights. Do I have to file in Washington State or can I file in Maryland?
2 Answers from Attorneys
Re: Visitation Rights
Washington. Since the child resides in Washington, Maryland would not have jurisdiction.
Re: Visitation Rights
Mr. Wood is correct that this is a WA action, as the child lives here.
Her refusal to allow you to talk to or see your son is not allowed under WA law, unless a court decides that you are a menace to your child, which is fairly unlikely. Interference with another parent's rights is considered bad faith, and can result in fines and possibly jail time.
WA does not recognize "custody", using a designation of primary residential parent instead. However, it amounts to about the same thing. It won't work for you as you are across the country. It's thus not possible to do a 50-50 plan, and under WA law, every other weekend and every other holiday IS 50-50.
You can hire counsel here to get a parenting plan established. The Court will also enter an order of child support. As the non-primary residential parent you will be paying child support. You can do this with an attorney whose practice is in the county where your ex is residing.
I hope this helps. Powell