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  1. #1

    Default Child Custody 30 Day Objection

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

    I served my ex with all the required paperwork for moving and parenting plan as well as residential schedule approximately 75 days ago.
    He never objected or showed up in court so the court defaulted the order and signed off on everything as a "Final Order".

    Now...75 days later is told me that he has a lawyer and they are going to try to say that the 30 days that are given to object was an insufficient amount of time for him to aquire a lawyer and that is why he didn't object.

    I guess my question is... Does he have any grounds for this? I mean the objection is a single piece of paper that the court facilitator can give you and show you how to fill out..doesn't require a lawyer to simply object.

  2. #2
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    Default Re: Child Custodody 30 Day Objection

    He can try, yes.

    Honestly?

    It really boils down do the court. And if this involves an out-of-state relocation for example, Dad's chances at successfully being able to object are quite a bit higher.

  3. #3

    Default Re: Child Custodody 30 Day Objection

    I guess I knew that he could try, I was more curious as to if his grounds for the motion were sound. He just waited til he could afford the most expensive lawyer in the town.

    It is an out of state move, I recently married and will be moving across country to be with him. I will be a stay at home mom to spend time with my daughter.

    He has only had 2 overnights in the last 3 years..and they are both in the last month because I wanted her to get used to staying with him so it isn't quite as much of a shock when he gets her this summer.

    My husband is in the military.

  4. #4
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    Default Re: Child Custodody 30 Day Objection

    Has your husband posted here lately?

    I recall a very long thread about this exact situation...in WA state.

  5. #5

    Default Re: Child Custodody 30 Day Objection

    I doubt it, I was just informed yesterday from my ex that he would be challenging the 30 day period.

  6. #6
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    Default Re: Child Custodody 30 Day Objection

    Fair enough.

    Well, Dad can try to object. Whether or not he will be successful (and to object you don't really need "grounds", as such) will depend on quite a few things.

    On the plus side, a military-based move is more likely than other types of move to be approved in WA, and even moreso if the relocating parent offers a generous long-distance parenting plan and offers to bear the cost of ALL transportation.

  7. #7

    Default Re: Child Custodody 30 Day Objection

    I really appreciate the quick responces.

    I realize that he doesn't need grounds to "object" but what about to challenge the 30 day rule for objecting?

    I would like to have split cost for transportation..or at least have my ex pay for just his ticket when he wants to get her. Would that be fair? that we pay for her travel and our travel when we pick her up, but he pays for his ticket to come and get her?

    Also, I would offer 75-90 days in the summer and every other Christmas break. Is that considered generous?

  8. #8
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    Default Re: Child Custodody 30 Day Objection

    How old is your daughter? Her age will be a factor in terms of deciding what's reasonable.

    Honestly, you need to offer to pay for all transportation - you're the one relocating, you know?

  9. #9

    Default Re: Child Custodody 30 Day Objection

    I can definately see your point on payment on the relocation, he has just been very difficult as of late..I should be a little more sensative I suppose.
    My daughter will be 4 in November.

  10. #10
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    Default Re: Child Custodody 30 Day Objection

    Then if it were me I'd probably go with shorter, more frequent visitations instead of that very long block in the summer.

    Spending that 75-90 days away from her primary caregiver - you - might be very hard on your daughter at the tender age of 3, and moreso since she's not really "used" to overnights with Dad yet.

    Standby though because I want to dig up a couple of long-distance parenting plans.

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