Legal Question in Family Law in Washington

my estranged wife (whom we have had no legal seperation, papers, etc and havent even got the paperwork for a divorce yet) and I had an agreement (not in writing) that she is NOT to take my 8 year old son to her new boyfriends house (he is just out of rehab for meth and has been arrested 5 times 2 DUI's, a fleeing the scene, and 2 domestic violence in his past). The boyfriend resides 3 hours away but in the same state. The local police have been to my house while this boyfriend is in town and sided with me that "As soon as Rand (the boyfriend) goes home, then my ex can come get her son back to her residence". Can I get her arrested for this ???? Kidnapping even though same state ????


Asked on 2/12/10, 8:39 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

At this point, the best thing you can do is to file for dissolution of your marriage and file for a motion for temporary orders of child support and for a temporary parenting plan that precludes your soon to be ex-wife from allowing your son to be around her dangerous boyfriend. Once you have such a temporary order in place, then you can enforce your rights in this regard. Until then, your only other option is to obtain an emergency order of protection if she brings him around the boyfriend, but you will have only 2 weeks before you need to return to court and explain why the protection order should remain in effect. What a judge will want to see if that you've filed the dissolution paperwork and asked for temporary orders to deal with this situation in a long term manner.

Until you get some written court orders in place, you cannot have her arrested and there is no kidnapping charge available.

Last, a bit of advice. Your case as you have laid it out is not going to be a simple black and white affair. It will get complicated. If you can (even if you have to beg, borrow, or steal) get a lawyer to help you out. It may seem expensive, but considering all the pitfalls you would have to navigate on your own, this really is the best thing you can do for you and your son.

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Answered on 2/17/10, 11:40 pm


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