Legal Question in Family Law in Washington

Custody

My child mother has sole custody of our 4 year old son. This was due to me being deployed in military. I have been able to obtain through joint legal custody medical/school/and other records of our son. I have been astonoshed by seeing the medical neglect in the records. She was even advised to call 911 or go to ER, and never was done. This was not the onll circumstance there are 7, and the count goes on. I provide medical insurance on him, and pay current child support. She has no work, and despite court recomendations of obtaining work, she still has not. she has a history of mental problems. She has 2 other kids whose father does not pay support. She was turned in to the state for her free housing and lost it due to her boyfriend living with her, whom has a history of DV, 3 of which were in 2 months! My son complains that ''BIg Tom'' flicks me in headShe doesn't put him on bus regularly so he misses school. She says he is sick all the time, but fails to ever take him to the doc. Because I was gone from my son, I did send cardsgift and letters, but had no physical contact. I have been reunifying w/ him for past year & am very consistent. I have had to go to court to enforce this every other month. What do I need to get custody?


Asked on 12/08/08, 5:10 pm

2 Answers from Attorneys

Thomas Lubnau Lubnau Law Office, P.C.

Re: Custody

The answer to this question will depend on which state has jurisdiction. If the case will be heard by a Wyoming court, you will have to prove first that there has been a substantial and material change of circumstance which effects the child. If you can prove that then the court can consider the best interests of the child. If the case is in Wyoming it is best to contact an attorney and file an action as soon as possible as the courts in certain parts of the state are very overwhelmed and congested. The sooner your action is filed the better.

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Answered on 12/11/08, 1:03 pm
Christopher Steuart IT Forensics, Inc.

Re: Custody

It is unclear where this case is procedurally. Do you have a court ordered residential schedule-parenting plan? What are you doing when you are in court every month to "enforce this?" Are you doing contempt motions every month? The contempt, the neglect, the housing fraud, and "Big Tom's" history of DV give you a basis for seeking to have you designated as the primary residential parent and restricting the mother's time. Being able to prove these allegations with something beyond your testimony will have a significant effect on your prospects of success.

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Answered on 12/08/08, 5:27 pm


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