Legal Question in Family Law in Washington


My sister and her 2 daughters ran away 4 years ago from father who wanted to kill them. She got divorced. Last month she passed away. Now the judge gave the kids back to the ex husband. How is it possible, that they can go with him, when he wanted to kill them 4years ago and was abusing to them and my sister. And the police was there 4 years ago when they were leaving? How is it possible? They are scared and they don't want to go with him but they have to, that's what everybody is telling us. So when he will really kill them, then we can get them into our custody?!

Asked on 8/14/13, 5:49 pm

1 Answer from Attorneys

Thuong-Tri Nguyen Thuong-Tri Legal Services, PLLC

In WA, the surviving parent will be the only person with parental rights to the children unless the court had or will determine that he is an unfit parent.

If you have proofs that the father is an unfit parent, you should file a petition to be named the person with whom the children are placed.

" Now the judge gave the kids back to the ex husband" may mean that a petition was filed with the court and the court has decided. Or, it may mean that you did not file the right petition.

If you did not hire an attorney before, you must hire an attorney. Getting advice in bits and pieces from strangers who do not know all the facts will not do the children any good.

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Answered on 8/15/13, 7:39 am

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