My ex girlfriend has custody of our son through a parenting plan that was written through WA state. I live in OR. She has moved to AZ but child support still goes through WA state. Since she lives in AZ and our parenting plan pertained to WA, can I have the parenting plan modified? Does she have to approve it or does a judge approve it? Does this get done through WA since that is the state that processes the the child support payments or would I have to go to AZ? She will not allow me access to speak to my child and will not engage me in a civil conversation. I do not know what avenue to take next to establish parental rights.
1 Answer from Attorneys
You should file for contempt against her in the WA case to enforce the WA order, assuming the parenting plan gives you residential time and/or phone calls with the child. However, since you live in OR, she will most likely be able to have the case ultimately heard in AZ under the UCCJEA (which you can google to learn more about).