Legal Question in Family Law in Washington

Visitation/Termination of Parental Rights

What are the rules for visitation of an infant child if a parent is current on child support or perhaps a month or two in arrears. Also, what are the considerations for termination of parental rights in Washington?


Asked on 3/21/01, 6:26 pm

2 Answers from Attorneys

Gary Preble Preble Law Firm, P.S.

Re: Visitation/Termination of Parental Rights

1. There is no relationship between child support and "visitation" in WA. See RCW 26.09.160 at http://search.leg.wa.gov/wslrcw/RCW%20%2026%20%20TITLE/RCW%20%2026%20.%2009%20%20CHAPTER/RCW%20%2026%20.%2009%20.160.htm. If one parent is attempting to condition contact with the child upon being current in support, they can be held in contempt according to that statute.

2. Termination of parental rights is normally only available when done (a) by the government for abuse or (2) by someone who is adopting the child, such as a stepfather or stepmother (as to one parent), or other persons, such as grandparents, relatives or even non-relatives (as to both parents).

But to have one parent just give up parental rights (in exchange, say, for no child support obligation), with no adoption by another, would most likely not be allowed on public policy reasons.

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Answered on 5/27/01, 11:41 pm
Gregory Smith Law Office of Gregory D. Smith

Re: Visitation/Termination of Parental Rights

The info posted by Gary Preble basically applies to Tennessee also. Look to the state that established custody or where the child resides to determine which state's laws to follow. For more info, see www.gsmithlawfirm.com

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Answered on 5/28/01, 10:35 am


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