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Mother left the state and left our 18 months old son with me 3 months ago now she asking for him.

Vancouver, WA |

My son's mother left the state and left our 18 months old son with me 3 months ago. We filed for divorce in Lincoln County and still in the 90 days waiting period. She threatening me that she will fly to WA and take him with her. Can she do that without my permission? Do I need to get temporary court order? She has bad history being parent.

Attorney Answers 4

Posted

You will want to speak with an attorney immediately before this situation gets out of control. It does seem like temporary orders would be beneficial, but a review of the facts of the case is needed with an attorney.

Contact an attorney today to see what the best course of action for your specific case would be.

www.WHALLEY-LAW.com www.DRIVERDEFENDERS.com Legal disclaimer: The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

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Posted

I am not a WA attorney, but without question you need to retain local counsel and in all likelihood file for a temporary order.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

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Posted

Lincoln County has a "divorce by mail" program. Many persons throughout WA file their petitions for dissolution of marriage in Lincoln County. For some persons, filing for dissolution through Lincoln County offer convenience.

However, unless the spouses agree on all terms of the dissolution or they can easily get to Lincoln County for hearings, filing in Lincoln County is not a good idea for many persons.

The drive between Vancounver and Lincoln County seems very long.

Either parent can ask the court for temporary orders after the filing of the petition and before the court signs the final orders.

Given that you have had the child the last three months, you likely can ask the court to maintain the status quo until the trial date.

"Can she do that without my permission?" Unless there is a court order stating otherwise, both legal parents in WA have the same rights and responsibilities to the child.

"She has bad history being parent." Then, what is the agreement between you and the mother as to the parenting plan?

You should review the specific facts with your attorney to find out your legal options.

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2 comments

Asker

Posted

Thanks for your answer. Originally we agreed that the child will stay with me and visit her for two months in the summer. Now she wants him to live with her in Kansas.

Asker

Posted

The reason I filed in Lincoln County is because we originally agreed on everything. Now she is changing her mind after I filed.

Posted

Yes. The safest thing to do is to get a temporary order in place giving you temporary custody. You will have to properly serve her with the motion. Contingent on what kind of proposed Parenting plan you filed, you may be looking a a full trial to resolve the parenting issues.

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

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