Legal Question in Family Law in Washington
Willful abandonment
I am a divorced father of 2. I currently have residentila custody of my 2 children.
My ex has visitation consisting of every other weekend. various holidays and 1 week per month. She uses NONE of her visitation priviledges even though she does live nearby (5 miles). She also pays no support and has little to no phone contact with the children.
She is pushing for joint custody for some reason (I believe it is so I cant force support on her and for tax reasons) Do her actions qualify as willful abandonment and how do I show this in court to bring any further claims to a halt and have her parenting priviledges removed entirely without getting the kids overly involved?
2 Answers from Attorneys
Re: Willful abandonment
It would appear that you have the basis for a motion for contempt on child on parenting (it is not a privilege, it is a duty) and for the support. The Order of Support and the Parenting Plan are court orders. You need to make a record of these failures to comply. The court will generally assess attorney's fees against the non-compliant parent if they are found in contempt.
Re: Willful abandonment
Mr. Steuart has all ready discussed your contempt option, so I'm going to address another approach.
Your parenting plan may have a dispute resolution section, and even if it doesn't you can suggest that the two of you go to mediation to see if you can work things out without going to court.
She's probably "pushing for joint custody" because she wants to see and spend more time with the kids.
You are not going to get her parenting privledges/obligations halted unless she's a danger to the children.
Your approach is very hard on your kids. As always in this forum, I cannot comment except in the most general way because I have no idea what your dissolution decree tells the Court as to why this situation is in your children's best interest.
Elizabeth Powell