Legal Question in Medical Leave in Washington

restricted visitation

I have primary custody of my son.Our divorce papers say that she can see him only if I am there or with someone that I have designated in writing. Our divorce was final in 2002 and in the past couple of years my son has wanted to see her more. It has progressively gone to him being able to see her every other week for the week, with the stipulation that if she started doing the things she was doing before that it would be terminated. Unfortunately those things have started again, lying, taking him out of school for no reason, asking him to cover for her lies, etc. I want to take him away from her, but don't know if the past visitation arrangement has affected my ability to do that because I let him see her more often and unsupervised. I want to protect my son, we all live in colorado now, but the divorce papers are from Washington


Asked on 10/29/08, 1:56 pm

1 Answer from Attorneys

Susan Beecher Susan L. Beecher, Atty at Law

Re: restricted visitation

First, you might want to try reposting this question under "Family Law". Family Medical Leave Act really is an employment law issue.

You may also want to repost under Colorado law, or see a family law attorney in Colorado. You might be able to get the case transferred.

That said, if you pursue the case in Washington, if the child's mother has started forbidden behaviors again, I don't think the fact that you worked with the mother to try to restore the mother child bond will work against you. If she is in violation of the parenting plan at this point, especially if she is acting against the best interests of the child, you have a good case for going back to restricted visits.

Consult a family law attorney either in Washington or Colorado. Good luck.

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Answered on 10/29/08, 2:50 pm


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