I let my daughter visit her dad for summer he told me not to pick her up and it would be a cold day in hell if I ever got her back. It's been 3 years I bought her a plane ticket to come see me,we have no custody order and no parenting or visitation plan. My daughter is 10 and wants to stay with me can I keep her the same way he kept her. I called cops when he did this and they told me since I let her visit he didn't have to give her back and there was nothing I could do, cause i let her visit and there is absolutely no orders in place.besides go to court. He lives in another state if that matters,at all. My daughters begging me to figure something out cause she absolutely does not want to go back since they told her she can never live with me again ever.
You are in a very bad place. Since the child has lived in another state for 3 years, WA no longer has jurisdiction over the case under the UCCJEA. The state in which she lives does. You need to contact a lawyer in the sate where she lives.
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
If there are no court orders, you would not be violating any orders, but you do not want to breach the peace. If she comes here, she can stay here, unless or until someone gets a court order. The state with jurisdiction would be the "home state" the state the child has resided in for at least 6 months. At this time you would have to file for custody where he lives, not here.
As prior counsel stated, under WA law as there are no orders in place, if you kept your child here, as he did before, you would not be violating any orders. That said, I'd contact a lawyer in his state (as that is the home state of the child for custody litigation purposes in RCW Chapter 26.27, our Uniform Child Custody Jurisdiction and Enforcement Act; namely where the child has resided for the pat 6 months) and discuss how you go about putting order sin place to establish where the child should reside. It is just not smart to leave this issue to self help remedies and uncertainty.
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