I was with my daughter's mom for 6 years. During that time we had a child. She is 3. We broke up about a year ago. We co-parented up until last month. Now she is not letting me see my daughter. We were not married. I am not on the birth certificate. I have filed the appropriate paper work to be on the birth certificate, as well as, a parenting plan, residential schedule and have had someone serve her. I also went to court and had the fees dropped. I am use to getting my daughter every other weekend and a few days during the week. I am not sure where I go from here. Do I wait to see if she disagrees with the parenting plan, is there a time limit? What are the next steps...I would like this to be as quick as possible, as it has already been a month of her keeping her from me.
She must response to you Petition in 20 days if served in State. Then, you have the option of filing motion for temporary orders. IF you do not understand the process, then you need to hire counsel. By representing yourself, you are declaring to the court that you are familiar with all of the laws and court procedures. and do so at your own peril. Wa. state has ruled as follows:
Pro se parties are held to the same standards as attorneys. “[T]he law does not distinguish between one who elects to conduct his or her own legal affairs and one who seeks assistance of counsel -- both are subject to the same procedural and substantive laws.” (Wherley)
In re the Marriage of Olson, 69 Wn. App. 621, 626, 850 P.2d 527 (1993);
In re Marriage of Wherley, 34 Wn. App. 344, 349, 661 P.2d 155, review denied, 100 Wn.2d 1013 (1983)
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements
It sounds like the you have a temporary parenting plan the mom is breaking. This would be contempt of court. You should probably file a motion for contempt. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on contempt of court for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.”
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