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Parenting plan in WA state, filing and modification of parenting plan WA child custody laws

My ex-wife and I were married her in Bellingham in 2002, and our son was born here a year and a half later, in 2003. In the first half of 2005 we separated and she took our son to visit her sister in Las Vegas. We divorced while she was there; the divorce was filed and finalized in a Clark County court, and for some reason the divorce papers list us as having no children. She now lives here in Bellingham. We have never filed any divorce or custody paperwork in WA and so have no formal parenting plan in place; our son sleeps at his mother's house usually six nights out of the week; I spend about three weekday evenings (5-10pm) and one whole weekend day/night with him.

My questions are:
1) Is the NV divorce valid and binding in WA without anything being filed here?
2) What is our son's legal status RIGHT NOW, in terms of custody? Would she be automatically considered to have full custody, or is the amount of time I have him enough to be considered joint custody, or..?
3) If we went in for a parenting plan right now, and could not agree on the terms, am I correct in guessing that the judge would probably decide for us, based on past practice?

Thanks for your help.

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Attorney answers (1)

Reputation Level 10
Generally speaking you can get a certified copy of your divorce decree, findings of fact etc from the court which issued the paperwork. If you have resided in washington for six months or more, you can move to modify or move to establish a residential schedule. You have to pay for the certified copies and you have to pay a new filing fee here. Courts do like consistency, so they will look at what the plan has been over time. Your other option is to attempt to set aside or vacate the orders in NV and refile to get the appropriate relief in the original court that made a mistake.
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