How do I prevent the non custodial parent of my child from keeping him for an extended period of time?: My ex and I have a very vague parenting plan. It simply says to follow visitation guidelines now that our son is five. He just texted two days ago about the 30 days summer visitation and wants to have our son for two weeks. He should have asked about this back in May. Summer is now over. Our son is starting school on the 8th. I tried to offer a couple extra days that wouldn’t interfere with his school but he’s not taking it. He says he’s going to take him for two weeks and that’s final. Summer is over. He’s the one that just now decided to look at his parenting plan. He’s so inconsistent. He just cancelled his last weekend due to having to move for the third time in two months. Am I in the wrong? Can he take him for two weeks? What do I do?
Peter’s answer:
First, I would need to review your Parenting Plan to give you full and proper advice. This is only general information based on the limited information you have given.
I do not practice in Yakima so I do not know what the "guidelines" are that are referred to. Parenting Plans are required to be specific so that you know when a child is with each parent. If not, you should consider modifying it so that it is.
Most Parenting Plans have a summer schedule and a school schedule. Most define this as defined by the school district, but you need to look at your specific plan, as it is the law of your case. Once school starts, he must follow the school schedule. IF he is required to give vacation notice in May, then he is required to and if he failed to do so, he waived that right.
I would suggest having an attorney review your specific Parenting Plan to give you advice. You may consider spelling this out to him and specifying that if he fails to return the child in time for school, you will bring a Motion for Contempt against him. That would be your remedy if he does not return the child. Hopefully it would scare some common sense into him and he would comply.
Do I now have full custody again: Hi I have a daughter. My parents have partial custody due to my health at the time. I have since got married this year and have been told that when I got married and changed my last name the order was now null and void I want to know if this is true
Peter’s answer: This is not true. Your name may change, but you do not change and the order does not change.
At what age can kids in Washington state decide who they want to live with more for custody? : My child is 8 and we may need to re-arrange our 50/50 custody agreement given her dad's as she gets older. Her dad has Asperger's and while he's a great dad, their days are already getting more challenging and she is very stressed out.
Peter’s answer: Children do not decide custody, either the parents agree or the court decides. You may have a basis to file for modification, but i suggest you share the facts with an attorney who can properly advise you of the standard under RCW 26.09.260.