Skip to main content

What steps do i take to restrict visitation to a non custodial parent ? Or Can we just prove her unfit ?

Puyallup, WA |

Non custodial parent refuses to show up for GAL appointments for 1 child. Parent refuses to file court ordered drug testing. non custodial parent also has a restraining order against them for 2 other children. The 3 child is getting emotionally harassed through social media and instructed to delete messages. Non custodial parent refuses to pay child support or get a job and a place to stay, all mail is delivered to a relative. Non custodial parent is also under investigation for DSHS fraud.

Attorney Answers 2


It sounds like a court-ordered noncustodial parent is being neglectful and violating the court order. You should file a motion to revise the existing parenting plan, or to adopt a parenting plan if one has not yet been ordered.

This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes

Mark as helpful


Our courts can impose restrictions on a non-residential parents time with his children. The statute is RCW 26.09.191. I don't have the statute in front of me, but factors such as a long-term dependence on alcohol or drugs, a history of domestic violence, and assaults against a child mandate some restrictions. There is a complicated code of restrictions applicable when a parent is or lives with a sex offender. Factors such as abusive use of conflict can also justify restrictions. Generalized complaints such as the ones alleged here may be sufficient to justify restrictions but will require the GAL to assess the level of risk to the children and make appropriate recommendations to the court. Issues such as fraud, non-payment of support, and not cooperating with the GAL make the parent look flaky and irresponsible, but would not justify residential restraints in and of themselves. If the parent is not cooperating with drug testing it should be regarded as positive evidence of drug use which a court will utilize to justify supervision or some other restraints.

Mark as helpful

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics