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Any thoughts-I'm charged w/contempt for not forcing my child to visitation.Just retained an atty.Court temp.order makes no sense

Asked over 2 years ago - Seattle, WA

Moved out of state when child was 1 due to alcohol abuse&violence from the father. Moved back to WA and then married the father of then 7 yr.old child.Old behavior of alc/drug abuse restarted-1 yr. into marriage arrest forDV-occurred in presence of child-then 8.Tried to help him for 1 year. Court order to not drink alcohol not followed.Attempted suicide -overdose/severe intox-also occurred in presence of child last March. ER then transport to mental health hosp for 2 wks.Never returned to the home.Never paid toward mutual bills or child care/support. Fraudulently used my sole credit cards&opened others in my maiden name.4 mo point was 1st court appearance.He had just served 2 wks in jail for SOC violation.Court had all info&he has 6 hrs unsuper.every Sat.Unsafe/emotionaldistress for child

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When a person perpetually proves to be unfit and unstable--I don't believe that they still have rights to continue to emotionally traumatize a child! Indep./financially capable & fit MOTHERS should be able to raise their children. What right do the St.&Cty.govts.have to inflict added and cont. trauma to a child. Only I seem to truly care about her well being. Is this why some people just move & then they are accused of kidnapping. I will pursue this issue with a passion. Children have rights! Children have a choice! We teach children to say no and to voice their opinion, but then when it really matters, for their emotional health, they have no say.The courts then tell them that their "no" means nothing..They are our future & they need to be shown respect. I am astonished that the state can do this to people.I think that the state of WA should pay for the present & all future psychotherapy that my child will need. I comfort my child every day to help her through this-this is what a parent does.

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Attorney answers (1)

Dave Hawkins

Reputation Level 15

Answered over 2 years ago. Child Custody Lawyer in Seattle, WA.

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You are correct, however, you failed to follow proper procedure. The case of In re Marriage of Rideout specifies that a custodial parent must provide visitation as per the court order or take court action to change that court order. If you believe your ex should have no visitation, the Court will expect you to file the proper motion to accomplish that goal given the existence of a valid court order which gives him visitation. By ignoring a court order, you are taking the law into your own hands and ignoring the authority of the court which has the force of law behind it.

If I were you I would immediately file a Petition to modify the Parenting plan before the hearing to show the court that you are serious about your concerns.

Hope this helps

Law office of Dave Hawkins

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