Legal Question in Family Law in Washington

Myself and the father of my child have a mutual parenting plan in force in the state of Washington. I reside in California now. I did agree to him being the primary custodian, however, my son is visiting me, he is 12 years old, and I am finding out some information regarding restraining orders that are active on my ex. I am concerned for his welfare, and he states that he doesn't want to go home. Can you tell me if I have any legal rights?


Asked on 7/26/11, 11:24 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Since your post is not specific about what restraining orders are out there against your ex, it's hard to answer you specifically. However, if he was restrained for behavior that directly affects your son, such as acts of domestic violence, then yes, I think you can use that information to possibly get your own restraining order. If on the other hand your ex has a restraining order against him as a result of getting into a bar fight and your son was home safe with a baby sitter, then I'm much less certain of your options because I'm not sure that is closely enough tied to his parenting as opposed to the first situation.

Your best bet is to hire counsel, sit down and let them go through the orders and properly advise you how to proceed. I'm happy to help in that regard.

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Answered on 7/26/11, 3:52 pm


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