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  1. #1
    Join Date
    Jun 2010
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    Default Child Custody Currently Set with Temporary Order

    My question involves a child custody case from the State of: WA

    A brief background as I am the step-parent not a biological parent.

    Not sure if it matters, but parents were never married.
    My wife has been the custodial guardian of her 3 and a half year old daughter for the entirety of the child's life. Father had visitation (no order was set for or against) two evenings a week and every other Saturday. No overnight visits ever took place.

    My wife and I have known eachother for over 10 years and I am a member of the US Army. We recently married and she will be moving with the child to Florida state in August this year.

    We supplied all the documentation to the courts and to the father, which then gave him 20 days to respond to the courts...in which he failed to do and so we submitted a motion to default which was signed as a temporary order. We were notified that we simply need to provide an Administrative order that child support was being paid before the courts would sign the final order.

    We recently (yesterday) found out that he has hired a lawyer. We don't know what he is planning to do or anything else for that matter. I am really just looking for insight as to what I may expect.

    Yes we are getting the child support paperwork to the courts today for the final order to be signed (unless we need to set a court date for that).

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Child Custody Currently Set with Temporary Order

    It sounds as if Dad is about to fight the move.

    How long has it been since the 20 days expired?

    If Dad fights, is Mom going to be prepared to pay for ALL of the costs of visitation? Prepared to submit a very generous long distance parenting plan?

  3. #3
    Join Date
    Jun 2010
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    25

    Default Re: Child Custody Currently Set with Temporary Order

    It has been approximately a month or so since the 20 days expired.

    In the temporary order, we have set the long distance parenting plan to 60 days in the summer as well as every other Christmas vacation.

    Also in the temporary order we have set the Visitation costs to be held by the "receiving parent". So when it is time for him to have her, he will fly down and pick her up and when it comes time to pick her up, we will fly there to get her.

    How much would her father be able to fight? Since he ignored the 20 day window in the first place to file a disagreement to the plan?

    If we get it finalized before he fights, what will happen then?

  4. #4
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    Apr 2009
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    Default Re: Child Custody Currently Set with Temporary Order

    You can expect Dad to request that Mom pays for his ticket as well (and it will likely be ordered - WA is good that way....).

    Mom might also want to offer webcam access, weekly phone calls etc (I know kiddo is only little, but it will help her petition greatly).

    If it is finalized, Dad can actually appeal and while I realize you have military commitments, Mom should not move the child until any appeal has been heard.

    Depending on whether there's a valid reason why he did not or could not file an objection, it could mean an expensive battle.

    He HAS had regular and consistent contact with the child, correct? How recently did you marry? (and if you don't mind - which county in WA? I'm very familiar with how certain county courts rule)

  5. #5
    Join Date
    Jun 2010
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    25

    Default Re: Child Custody Currently Set with Temporary Order

    The child currently resides in Clallam County and that is where the order was signed.

    We are truly trying to work with the father but he is understandably upset with what is going on.

    We married in March of this year and we made our intentions known to him at that time.

    There isn't any valid reason as to why he didn't show up (although legally we couldn't say that). My cousin works with him...when the father decides to show up, and my wife is in regular contact with his family (as they have known eachother for a very long time).

    We honestly aren't trying to make this worse, we are totally willing to schedule calls and/or use webcam chatting software. In fact that is how I talk to her currently due to the distance. We also told him that he is more than welcome to come and visit the child any time he wishes, he just needs to let us know ahead of time.

    Currently the father sees the child approximately 7 hours and 12 hours on rotating weeks due to the alternating saturdays. But again, no overnight visits have ever occured...on his request not due to the mother not being okay with it.

  6. #6
    Join Date
    Apr 2009
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    Default Re: Child Custody Currently Set with Temporary Order

    Dad actually has 30 days in which to respond, btw.

    I strongly suggest your wife retain an attorney if Dad actually objects.

    In cases such as these even though Dad may have missed the original last date by which he could have objected, it's common to provide Dad at least the chance (provided it's not say, 6 months after the event has taken place) to state his case.

  7. #7
    Join Date
    Jun 2010
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    25

    Default Re: Child Custody Currently Set with Temporary Order

    I have the documents from the courts sitting here in front of me and they say because he is a resident currently living in the county, he only has 20 days in which to respond.

    We don't actually know for fact that he has hired an attorney, as he isn't the most financially responsible (or responsible in many other fashions) person. He says he has but this wouldn't be the first time he has told us something like this and ended up not having one.

    But I will take your advice and look for a lawyer.

    Let me just check to see if I am clear though.

    1. Even though the order will soon be finalized, the courts will be fine with hearing his case afterwards.

    2. We may end up having to pay for all transportation.

    3. A lawyer should be retained if he wants to make this more difficult.

  8. #8
    Join Date
    Apr 2009
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    Default Re: Child Custody Currently Set with Temporary Order

    1. It is possible, yes. In which case the order will not be finalized until Dad has had his day in court.

    2. That's actually the norm.

    3. Absolutely!


    The standard per WA family code is 30 days; but either way I do believe there's a chance he will be heard.

    Now, that does NOT mean your wife will not receive permission to relocate. WA is not a relocation-unfriendly state as a rule. She needs to keep checking back with the court - I mean daily.

  9. #9
    Join Date
    Jun 2010
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    25

    Default Re: Child Custody Currently Set with Temporary Order

    What happens if the court finalizes the order before the father makes any kind of appeal? Then he just challenges the final order?

  10. #10
    Join Date
    Apr 2009
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    Default Re: Child Custody Currently Set with Temporary Order

    Well, he may have a chance to appeal the order if he can show good cause for doing so.

    He cannot appeal simply because he didn't turn up and doesn't like the outcome.

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