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  1. #1
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    Default What Constitutes a "Extended Period of Time" in Terms of Abandonment

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

    What constitutes a "extended period of time" for the purposes of RCW 26.09.191?

    (1) The permanent parenting plan shall not require mutual decision-making or designation of a dispute resolution process other than court action if it is found that a parent has engaged in any of the following conduct: (a) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions...

  2. #2
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    Default Re: What Constitutes a "Extended Period of Time" in Terms of Abandonment

    It's up to the commissioner how s/he interprets the statute.

    I've sat in family court in Whatcom Co and believe it or not I've actually seen the same commissioner decide two similar cases completely differently (!).

    6 months is a very broad generalization but not a bad rule of thumb. But it also depends on what the commissioner believes is "willful abandonment" and their interpretation of "parenting functions".
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
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    Default Re: What Constitutes a "Extended Period of Time" in Terms of Abandonment

    In this case my ex-wife took her kids out of state and left them with her sister in Las Vegas (there is no prior parenting plan, so I can't allege custodial interference) around New Year's and hasn't seen them since then, and contiinues to live in Whatcom County)

  4. #4
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    Default Re: What Constitutes a "Extended Period of Time" in Terms of Abandonment

    That's right - now I remember.

    You've got to get yourself into court and get at the very least a temp order. THEN you can act.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
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    Default Re: What Constitutes a "Extended Period of Time" in Terms of Abandonment

    Hearing for Temp Order is tomorrow afternoon. They filed a Response to the original Petition/Summons/PPP, but haven't specifically replied to the Motion for Temp Order.

    I had to resubmit my Proposed Parenting Plan as a Temporary Parenting Plan with my Motion for Temp Order. Since she has not responded to the Motion with a Temporary Parenting Plan of her own, can I somehow move at the hearing to ask the Commissioner to approve mine immediately, or will the Commissioner just consider her Proposed Parenting Plan as a proposed Temporary Plan, or how does that work?

  6. #6
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    Default Re: What Constitutes a "Extended Period of Time" in Terms of Abandonment

    You'll both (generally) be given the opportunity to offer your parenting plans and present your case (to some degree at least).

    If there's a huge difference in parenting plans it's more than likely that the hearing will be continued. You can absolutely ask to have yours approved tomorrow, but I'll be honest - if Mom has anything at all, it may be considered before the ruling.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
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    Default Re: What Constitutes a "Extended Period of Time" in Terms of Abandonment

    Thanks a lot for your time, by the way.

    So just to clarify, it doesn't really matter that she hasn't responded specifically to the Motion for Temporary Orders? Is the Commissioner basically just going to make a decision based on everything that's in the court file from both sides, regardless of filing deadlines?

  8. #8
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    Default Re: What Constitutes a "Extended Period of Time" in Terms of Abandonment

    Without getting TOO personal, if your Comm's initials are MG, then yeah - she'll generally give a lot of latitude to both sides with regards to deadlines. I honestly can't guess though. If the comm. is having a good or bad day, that could influence how much s/he will tolerate late filings.

    What I DO know, is that sometimes, statute doesn't matter. I know this on a very, very personal level.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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