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Who is considered the custodial parent if no court order is in place.

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J

jkg21

Guest
What is the name of your state? Washington.

I have a 6 month old baby girl and I am not married to her father. I have recently told the father that this is not going to work and I want him to move out. We have had several discussions and after I convinced him that I had made up my mind, he informed me last night that he would move out but he was taking our daughter with him. I do not want to prevent my ex from seeing our daughter and would be fine with visitation, but she will be living with me. I know that if gone through a court, I would be awarded custody, as my ex has been unable to hold a steady job, does not have reliable transportation, nor enough money from the jobs he does get to provide for our daughter the way I could etc... But, my fear is, we are both on her birth certificate, we have nothing through the court as far as custodial parent etc.. If he were to take her and not give her back, would I have to wait until we could go to court to get her back, or am I considered her custodial parent automatically???? Please answer ASAP if you have any experience or advice with this problem!!!
 


Grace_Adler

Senior Member
Did he sign an Affadavit of Paternity? If he didn't I don't think he has any rights. If he did, I still don't know if WA is considers the mother the automatic custodian.

Have you tried calling the magistrate to see if they know?
 

Bre's_mom

Member
I'm not sure if this is still in effect?

I also live in Washington, and back when i was in high school, I did a report on teen pregnancy. From what I reserched then, custody begins with the mother, but remember this was done when I was 16 years old, its been 9 years, so I dont know if the laws have changed. Also, please let the father see your child, even if its while your there, he needs to be in her life. Go to court right away, and get things filed. Just please, please be fair when it comes to visitation...
 
J

jkg21

Guest
reply

Yes, he did sign a paternity affadavit. I do not want to keep him from seeing her, but he is very hurt right now and I fear he will try and keep me from her. Once things get taken care of in court I do not have any problems with visitation.
 
I don't know in your state but it seems that all across this board it has been stated repeatedly that until a court signs papers stating such each parent has the right to custody. so if he takes her and doesn't return her he at that point can file for custody and keep it til you get a court hearing which can be a long time sometimes weeks, or months even a year before the matter might come close to being properly heard before a judge during that time he can retain custody because he can say you abandonded your child etc. If this is the path you are taking go to the courts file for custody and if so support. But file for custody. No verbal agreement or notorized agreement will stand in court with out a major battle. You two can come to an agreement between yourselfs present it to court have them put there seal of approval and then your done,otherwise be prepared for mediation and such if you cannot come to an agreement.
 
J

jkg21

Guest
reply

That's what I was afraid of and I think that is what he was insinuating he would do. Thank you for your help!
 

Grace_Adler

Senior Member
RCW 26.09.255
Remedies when a child is taken, enticed, or concealed.
A relative, as defined in RCW 9A.40.010, may bring civil action against any other relative if, with intent to deny access to a child by that relative of the child who has a right to physical custody of or visitation with the child or a parent with whom the child resides pursuant to a parenting plan order, the relative takes, entices, or conceals the child from that relative. The plaintiff may be awarded, in addition to any damages awarded by the court, the reasonable expenses incurred by the plaintiff in locating the child, including, but not limited to, investigative services and reasonable attorneys' fees.

[1987 c 460 § 22; 1984 c 95 § 6.]

I found this in case he does try to take the child from you and run. I haven't found anything on whether or not you are automatically deemed the custodian since you are unwed. You may have to call the magistrate to double check on that one.
 

Grace_Adler

Senior Member
RCW 26.09.285
Designation of custody for the purpose of other state and federal statutes.
Solely for the purposes of all other state and federal statutes which require a designation or determination of custody, a parenting plan shall designate the parent with whom the child is scheduled to reside a majority of the time as the custodian of the child. However, this designation shall not affect either parent's rights and responsibilities under the parenting plan. In the absence of such a designation, the parent with whom the child is scheduled to reside the majority of the time shall be deemed to be the custodian of the child for the purposes of such federal and state statutes.

[1989 c 375 § 16; 1987 c 460 § 21.]

I found this too. I don't know if it helps.

And this:
http://search.leg.wa.gov/pub/textsearch/ViewRoot.asp?Action=Html&Item=23&X=906183705&p=1

RCW 26.26.270
Parenting plan -- Designation of parent for other state and federal purposes.
Solely for the purposes of all other state and federal statutes which require a designation or determination of custody, a parenting plan shall designate the parent with whom the child is scheduled to reside a majority of the time as the custodian of the child. However, this designation shall not affect either parent's rights and responsibilities under the parenting plan. In the absence of such a designation, the parent with whom the child is scheduled to reside the majority of the time shall be deemed to be the custodian of the child for the purposes of such federal and state statutes.

[1989 c 375 § 25.]
 
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J

jkg21

Guest
Thank you!!!!!

I am really heartbroken over the way things are shaping up. I grew up with divorced parents that showed open hostility towards eachother and do not want to put my baby through that. I hope we can part amicably and share our daughter without nasty court hearings and the whole custody battle. (although we will get a residential schedule in place ASAP!)
 

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