It wasn't a sex offense or drug/alcohol & had nothing to do with my son.His other parent was declared unfit & won't use their sup. vis. allowed. I've completed all court requirements except 1 & wish to start the process of requesting court to allow me sup. vis. with my child since I'm out. I had full custody prior to incarceration and maintained an ongoing and healthy relationship with my son while I was gone. We spoke nearly every day and wrote letters/cards, sent gifts regularly. We exchanged photos and discussed his daily activities. I respectfully request help so I may begin the process of asking the court for this. I don't know where to start. Please tell me how to do this myself. I cant afford attorney and ask for instructions. Thank you.
Family Law Attorney
One parent was in prison for two years. "His other parent was declared unfit". So, where has the child been living the last two years?
There must be some sort of court order regarding the child these last two years. You should start by reviewing the court order to see what the court has ordered regarding the child.
If the court has not restricted your time with the child, it may well be that you can simply go and pick the child up since you are the child's legal parent. Of course, this turns out well only if the persons with whom the child has been living agree.
While you believe you "cant afford attorney and ask for instructions", it may in fact be less expensive to go over the facts with an attorney to understand what your legal options are. Doing the wrong things may turn out to cost you money, time, and effort to correct the mistakes. If you do the wrong things, you may be ordered to pay attorney's fees for the other parties.
If you are going to do things by yourself, you should start reviewing the free information at http://www.washingtonlawhelp.org/ . This group provides many informative self-help guides.
YOU would file a Petition to modify the current PP
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
I agree with the previous response. You need to file and serve a Petition to Modify the Parenting Plan based on the new circumstances. In addition, you will need to file declarations and information regarding rehabilitation and completion of all court requirements.
Peter J. Abbarno practices in the State of Washington; primarily in Thurston, Lewis, and Cowlitz counties. The response is limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. No response to any posted inquiry shall constitute legal advice, nor the existence of an attorney/client relationship. www.centralialaw.com
Family Law Attorney
It sounds like somebody has custody of your child under a nonparental custody decree (I base this on your use of the word "unfit," which is a required finding in nonparental custody cases). If your decree has specific requirements that you must meet in order to begin supervised visitation, then you simply need to follow that provision, which may include providing proof to the custodians that you have met those requirements.
If your decree does not include such language, then I agree with the other answers saying that you would need to file a petition to modify the decree so that the requirements for your visitation can be clearly addressed.
The forms you need to do this can be downloaded for free from the Washington Courts web page. I've provided the link below. You would use the forms to modify a parenting plan.
If you cannot afford an attorney, you should contact the Northwest Justice Project to see if you qualify for free legal aid. There is a form on their website you can fill out to get that process started.