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CHILD CUSTODY

Asked almost 4 years ago - Washington

My husband and I are in the middle of modifying a parenting plan for his sons. Right now their mother is the custodial parent, but my husband wants to become the primary custodial parent because it seems that everything she does is not in the best interest of the children. My husband and her have legal joint custody but she does not consult with him about anything, including pulling the kids out of a school 3 months into it because "she felt like it" My husband doesn't want to get into it with her so he lets her "control" him like that as long as he gets to see his kids as much as he does. Our situation is much more stable then hers, she leads a very dysfunctional life, (she has 4 kids, 3 with different fathers) and has been unemployed for 1 year now, our question is does my husband have a chance getting primary custody of the boys in the state of WA? (They were never married) and between him and I, we take the boys in for their Dr appts, attend school activities, share holidays, sign them up for sports, pay for insurance, copays, leftover balances, we purchase all of their clothes for the time they are with us (50-50), and pay her full support. But does he have a chance getting custody of them because she doesn't really fit into the "unfit parent category" .

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Attorney answers (1)

Mark Steven Gouras

Reputation Level 4

Answered almost 4 years ago. Family Law Attorney in Kent, WA.

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There are two types of modifications under Washington Law. Both require a showing that you meet the minimum standards at an "adequate cause" hearing. One type of modification is a minor modification. You have to show a change in circumstances, and you must be requesting a change of 24 days per year or less. The other type is a major modification. It sounds like this is what you want. You must show either: 1) 2 contempt of court findings within 3 years; 2) a voluntary placement of the children with you; 3) a conviction for custodial interference; or 4) a significant change that is in the best interests of the children, and a showing that the environment with the mother is "detrimental." Option 4) is the one that most people use. There is case law that says "detriment" doesn't have to mean "unfit," but as a practical matter, this would give you the best chance of success. Usually, this means severe neglect, physical abuse, sexual abuse, a drug or alcohol problem, etc., etc.

"Dysfunctional" may or may not be enough depending upon what is going on. Is she feeding the children? Are the children flunking out of school due to poor attendance. Does she have a DUI conviction? You will need to get into the details before an attorney can really assess your case.

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