I have been through a lot of mental and emotional abuse from my spouse. My husband loves our kids but hates me. I have no intention of taking kids away from him. I just can't live in the same house with him anymore. I would be happy of we could come up with a plan so kids can see both parents easily and equally. I take care of kids all the time while he travels for work, so I have been taking care of everything in and out of the house. I work but his work is the main source of income for the family.
In WA both legal parents have the same rights and responsibilities to their minor children until the court orders otherwise.
So, one of you can take the minor children somewhere. The other can also do the same. Unless violence is involved, the police is not going to get involved in a custody dispute between the two legal parents.
If you two cannot live together, then it is time to consider living apart.
You two can each hire professionals and try to work things out without too much disruptions for the children.
If the parents cannot agree on what to do, the court will eventually decide the issues once a petition has been field with the court.
You can't obtain a parenting plan / custody order from the Court unless you file a petition for dissolution or a petition for legal separation. The end result of the petition is either divorce or legal separation.
Pursuant to petition, you could also file a motion for temporary orders. In this motion, you would request a temporary parenting plan and child support order. So, in order to get a court-ordered parenting plan, you must get divorced or legally separated. You could draft up a parenting plan and stay married, but I don't think the Court would enforce it.
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