Legal Question in Family Law in Washington
visitation
I live in a stuio apartment and I am
not the legal custodian of my
daughter. A studio is all I could
afford once my house sold. My ex
now says she is not comfortable with
my daughter visiting because I live in
a studio. Can she halt visitation
because of where I live? My
daughter is 10 and this will not be
my home forever. But, for a while,
its where and what I can afford.
Would most judges agree that this is
not an adequate place for my
daughter to visit?
2 Answers from Attorneys
Re: visitation
Mr. Steuart is right. Having settled your divorce, your ex is in no position to complain that your living arrangements are not suitable. Also, it's temporary, and your daughter has her own bed, right?
If your ex decides to unilaterally stop visitation, you need to tell the court so you can enforce the plan.
Elizabeth Powell
Re: visitation
Your former spouse can not terminate visitation on her own (without a court order) without risking a contempt citation. The studio apartment in and of itself is not going to result in a termination of your residential time, and most courts will recognize that divorce often results in difficult financial situations for one or both parents.
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