Legal Question in Family Law in Washington
Get my daughter back?
My ex and I divorced several years ago. Our parenting plan designated me as the custodial parent, and our 2 children lived with me for some time. My childcare situation fell apart and the kids went to live with their Mom. I immediately started paying child support at the top of the state worksheet range, but it was not ordered by the court (we didn't modify the plan). My son has since come to live with me. My daughter is now living in squaller with her mother: her clothes are ruined by cat pee (as is her bed), and she sleeps on the couch. She's unhappy there, although she likes her school and her friends. How can I get her back with me? Should I even try? I don't really care about paying child support, I want what's best for my daughter. Thanks!
1 Answer from Attorneys
Re: Get my daughter back?
I don't know what you did for documentation when you allowed your children to live with their mother (ideal would be that you wrote a memorandum of temporary variation on the plan, and filed it with the court), but it is seldom that well thought out. Document the living conditions at your former spouse's home, photos, other people as witnesses. If the parenting plan has not been modified, you can just let her know you are reimplementing the current parenting plan. You should be prepared to have resistance from her (that is what the documentation is about).