Legal Question in Family Law in Washington

Visitations Unfairly Revoked

During mymarriage of 2 years, I became addicted to pain pills and when I came forward, my husband divorced me. I was so ashamed of myself that I did not argue any of his terribly strict custody demands in hopes of coming to a mutual agreement which was initially promised. My parenting plan consists of 4 hrs every weds. and 10 hrs every other sat. In the past few months, my ex husband has refused to allow me to see or speak on the phone with my 11 yr old daughter. What can I do legally and immediately to prevent this from happening in the fuure? He has also witheld all of my possessions.


Asked on 4/08/07, 3:53 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Visitations Unfairly Revoked

Once you allowed final orders to be entered restricting your visitation and time with your child, you basically foreclosed your ability to change that.

I have seen this happen time after time where the husband files the dissolution (usually in Lincoln County) demands the wife sign it, setting up a draconian parenting plan punishing the child for the alleged shortcomings of the wife.

His promises to compromise can never be used against him, unfortunately. They are completely inadmissible.

It's gross, and there is basically nothing that can be done unless or until the father starts unilaterally denying visitation, as you are relating here.

Modifications have to be based upon the best interest of the child and the life/conduct of the NON moving party (him).

But there is another route for failure to comply with a parenting plan. It's called contempt. You need to keep a calendar and document each and every time he's refused to allow you to speak to your daughter, each and every time he's blown off visitation.

Then visit courts dot wa dot gov, go to the court forms page, and download the contempt pleadings.

This is NOT self-help law, it is your life and your daughter's future. Get a lawyer who specializes in family law to do this for you.

Three findings of contempt for failure to follow a parenting plan can result in a switch in custody so long as that is in the child's best interest.

Your stuff? Buy new. Why would you ever want to be reminded of this jerk?

Powell

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Answered on 4/08/07, 1:50 pm


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