Legal Question in Family Law in Washington

Is it legal for a mother to keep the daughter from the father without a parenting plan


Asked on 4/12/12, 5:49 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

The short answer is yes, but frankly, I need more facts to intelligently answer your question. Ultimately, to prevent situations where each parents rights are undefined or otherwise ambiguous, the recommendation is to always get a parenting plan entered, by agreement or through litigation if needed. Otherwise, you wind up with ruined holidays that people plan for but at the last second get cancelled, disagreements between parents about what to do about a child's health needs without a quick way to settle those disputes, and the list goes on and on.

One other quick note about your situation: I don't know if you are the mother keeping the daughter from the father, or the father trying to see his daughter, so I will try to add some input from both perspectives. If you are the mother, this is the wrong way to proceed. You should immediately go and try to get a parenting plan put into place (talk to an attorney before doing anything) and make sure that everybody understands that whatever your reasons are for keeping the child from the father, they are legally valid ones, as opposed to anything driven by emotions or the baggage of your relationship. Ultimately, you need to act within the confines of the law, not what you alone deem to be in your child's best interests, when there are custody issues between you and the father.

If you are the father seeking your child, do not pursue the mother in any way that could later be used against you. You too cannot work outside the law when there are custody disputes. You will be looked upon unfavorably by the court when the matter inevitably goes to court. You two should immediately consult an attorney, and bring legal action to get a parenting plan put into place. The last thing the court will like about you is if it finds out that you tried to muscle your way into your daughter's life.

Until you settle this, neither of you should have communication with each other, if it strays anywhere beyond being civil toward each other. Again, the last thing you want is to say or do things that if later discovered, would leave you in a less than positive light in the eyes of the court.

Best of luck to you,

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Answered on 4/13/12, 9:52 am


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