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Mother wants custody of child, I currently have custody, what do i do?

Asked almost 3 years ago - Yakima, WA

I have custody of my 5 yr old since he was 1. The mother hasnt paid child support since Aug 2007.Between Aug 07 until July 08 she didnt visit the child,and called me approx. 7 times during that period she never asked to speak to the child, just to talk to me for a couple minutes. Recently she has been visiting the child often,since Sept 08. She has called me and told me that her newer husband has driven drunk with our son in the vehicle, and has also locked up her 8 year old son in his room to smoke marijuana,she told me this in Jan 09 when she had our son for visitaion and stated that her husband would be moving out.Now she states that they staying together and still living in the same house as where my son visits. Now she wants to change custody so he lives w/ her, what do I need to do.

Additional information
Just to clarify, her husband is the one who has locked her other 8 year in the boys room, so that the husband could smoke marijuana.

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Attorney answers (1)

Carolyn Annette Elsey

Reputation Level 15

Answered almost 3 years ago. Family Law Attorney in Sumner, WA.

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Nothing. If she wants custody, the she has to file a petition to modify the parenting plan. It's unlikely that she would be successful.

In order for her to succeed, she would have to show the court that there has been a substantial change in circumstances for you or the child (not herself), that the benefit to the child of changing the parenting plan outweighs the harm of changing the parenting plan. Also, she would have to show one of the following: 1) that you are in agreement with the change of residential placement, 2) that there is a danger to the child's welfare or development by remaining in your living environment or 3) that you guys have knowingly failed to follow the parenting plan for quite some time (meaning you've let the kids live with her).

When there's any custody hearing, the parents have to provide the names and DOBs of everyone in the home so her hubby's activities should show up if he got ticketed for his behavior.

The most you can realistically do is start setting aside money for an experienced family law attorney and alert
family, friends and neighbors about the situation so that if you get served with a modification action, they can quickly write out declarations describing your parenting and how well the child does in your care. There's really nothing more that you need to do.

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