+ Reply to Thread
Results 1 to 10 of 10
Like Tree1Likes

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

  1. #1
    jkg21 Guest

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

    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!!!
  2. #2
    Grace_Adler is offline Senior Member
    Join Date
    Mar 2002
    Location
    NC
    Posts
    3,535
    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?
  3. #3
    Bre's_mom is offline Member
    Join Date
    Jan 2002
    Location
    I'd rather not say
    Posts
    262

    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...
  4. #4
    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.
  5. #5
    Naturalmom is offline Member
    Join Date
    Mar 2001
    Location
    N.J.
    Posts
    277
    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.
  6. #6
    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!
  7. #7
    Grace_Adler is offline Senior Member
    Join Date
    Mar 2002
    Location
    NC
    Posts
    3,535
    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.
  8. #8
    Grace_Adler is offline Senior Member
    Join Date
    Mar 2002
    Location
    NC
    Posts
    3,535
    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:
    [url]http://search.leg.wa.gov/pub/textsearch/ViewRoot.asp?Action=Html&Item=23&X=906183705&p=1[/url]

    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.]
    Last edited by Grace_Adler; 09-06-2002 at 09:58 PM.
  9. #9
    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!)
  10. #10
    Grace_Adler is offline Senior Member
    Join Date
    Mar 2002
    Location
    NC
    Posts
    3,535
    That's great. I know what you mean. I hope you guys can work it out too. Just let him know it's for the best interest of the child. Sometimes you have to get the courts involved just so no one gets screwed.

    I thought I'd share another link with you. If I find any more I'll just edit this post instead of adding onto the thead by hitting reply.

    [url]http://search.leg.wa.gov/pub/textsearch/ViewRoot.asp?Action=Html&Item=126&X=906190106&p=3[/url]

Similar Threads

  1. Custodial parent not allowing court ordered visitation to non-custodial parent
    By carleejo77 in forum Child Custody & Visitation
    Replies: 11
    Last Post: 03-22-2012, 05:00 AM
  2. Non-custodial parent breaking court order visitation
    By saravel131 in forum Child Custody & Visitation
    Replies: 2
    Last Post: 09-11-2011, 05:02 PM
  3. Can the court order a custodial parent to seek employment?
    By DubyaHolmes in forum Child Support
    Replies: 14
    Last Post: 05-10-2011, 07:56 PM
  4. Court order in CA for Texas residing Non custodial parent
    By bryndee123 in forum Child Support
    Replies: 1
    Last Post: 06-13-2009, 09:26 PM
  5. Custodial Parent not compying with court order
    By AnnetteR in forum Child Custody & Visitation
    Replies: 1
    Last Post: 03-27-2001, 04:25 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.