Rachel Rolfs's Answers

Under WA child custody laws can I get sole legal custody of my child if the biological father is in prison

Because father is unable to be the primary residential custodian of the child, you would (assuming you are not found to be unfit) be the primary custodian. However, depending on the age of your child and the relationship with the father, the court may order some sort of contact, such as visits or correspondence. Depending on the circumstances, you may be able to terminate the father's parental rights. I do not handle terminations, so am not sure if you need someone else standing by to take...

2 people marked this answer as helpful

Father is a drug user

This answer depends on a lot of different factors. His name on the birth certificate does not (alone) establish him as the father. In order for him to have legal visitation with the child, he must be established as the father (by acknowledgment that you both may have signed already, or by court action). If he is not established as the legal father, then he technically has no rights, and if he is dangerous, then you can probably refuse to let him see your child. However, if your refusal is...

Child support in non parental custody cases

Generally, both parents are responsible for child support, payable to the non-parental custodians. In non-parental custody cases, the law allows the court to order either or both parents to pay an amount reasonable or necessary for the child's care. The court will start with child support worksheets that are based off the parents' incomes. You can view RCW 26.19 and its subsections to see the child support schedule and factors that are considered. The court will consider those factors to...

WA family, child custody laws, dispute with child protective services, CPS

If your son has been taken by CPS, a dependency action would have been commenced. If the Department/State determined that the accusations were unfounded, the dependency should have been dismissed. You should have been served with dependency documents notifying you of court dates and opportunity to respond. In a dependency action, you have the right to an attorney if you cannot afford to pay for one on your own. If you have not been served with any dependency paperwork, you need to contact...