Asked about 5 years ago - Washington
FlagMy husband has twin boys from a previous relationship that are now 7 1/2 years old. When th parenting plan was establishe their mother got full physical custody and my husband having visitation rights. SInce they were 2 1/2 years old we shared joint physical custody, they are with their mom Sun night, Mon, Tues and Wed, and with dad on Thurs, Fri, Sat and Sun till 4 pm. (50/50) We still all these years payed her full support because we would rather see our kids, as much as we do. ( We also provide insurance, pay their medical bills, sporst activities, you name it) Recently after the mother had a 4th child with it been daddy # 3, she said she is going back to the original parenting plan, and taking the kids from us, (she got upset that we signed them up for baseball without asking her) My question uis can she legally do that? And if we do change the parenting plan will the judge in state of WA aloow joingt physical custody?
Yes she can. The last court order in effect controls the case. Straying from the court order will not justify ignoring its terms if she chooses to enforce the order. You need to file a modification of the parenting plan. Washington does not recognize joint physical custody -- a primary custodial parent must be designated and the non-custodial parent will then pay support. You can have a parenting plan that gives both parties equal time with the children, but someone must be designated as the primary custodial parent for the purposes of federal law.
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