Will my in-laws be granted custody? If so, can I get it back?

[princess1017]

What is the name of your state (only U.S. law)? Washington, Spokane County.

My husband and I were married in March 2011, I was seventeen and he was eighteen. We now have a one month old child, and my husband was recently arrested for domestic violence against me. His mother is convinced I had planned to have him show violence towards me so that I would be granted temporary custody of my daughter when the no contact order was put in place, which was immediate. She is convinced that I manipulated him, and I "Just know how to push his buttons." I am sure that she and her husband will sue for custody, which I read in RCW 26.10.030, she can legally do. I am afraid that they will win because they are more well off financially, while I am not. What do I need to do to win the custody battle? If they win, will a temporary or permanent parenting plan be put in place, and around what time, and if the plan is permanent, can I still request for a modification? How do I request for a modification and can this request, if I meet the requirements, grant me legal and physical custody of my daughter?

I was told that, due to his violent nature towards me, he would not be granted visitation regardless of who is given custody, whether supervised or not. I do not intend to keep my daughter from seeing her father, but I also understand that it is not necessarily up to me. I was also told that this is not necessarily true because he has not exhibited any violence toward my child. However, I know that he may in the future. How do I convince the courts to grant him at least supervised visitation to my husband?

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Washington, Spokane County.

My husband and I were married in March 2011, I was seventeen and he was eighteen. We now have a one month old child, and my husband was recently arrested for domestic violence against me. His mother is convinced I had planned to have him show violence towards me so that I would be granted temporary custody of my daughter when the no contact order was put in place, which was immediate. She is convinced that I manipulated him, and I "Just know how to push his buttons." I am sure that she and her husband will sue for custody, which I read in RCW 26.10.030, she can legally do. I am afraid that they will win because they are more well off financially, while I am not. What do I need to do to win the custody battle? If they win, will a temporary or permanent parenting plan be put in place, and around what time, and if the plan is permanent, can I still request for a modification? How do I request for a modification and can this request, if I meet the requirements, grant me legal and physical custody of my daughter?

I was told that, due to his violent nature towards me, he would not be granted visitation regardless of who is given custody, whether supervised or not. I do not intend to keep my daughter from seeing her father, but I also understand that it is not necessarily up to me. I was also told that this is not necessarily true because he has not exhibited any violence toward my child. However, I know that he may in the future. How do I convince the courts to grant him at least supervised visitation to my husband?

he might be granted visitation thats supervised.

inlaws are not going to win because they are richer.

just don't take back husband (divorce immediately) and don't give up and sign custody to them, and you should be fine.

 

[Just Blue]

RCW 26.10.030
Child custody proceeding — Commencement — Notice — Intervention.

(1) Except as authorized for proceedings brought under chapter 13.34 RCW, or chapter 26.50 RCW in district or municipal courts, a child custody proceeding is commenced in the superior court by a person other than a parent, by filing a petition seeking custody of the child in the county where the child is permanently resident or where the child is found, but only if the child is not in the physical custody of one of its parents or if the petitioner alleges that neither parent is a suitable custodian. In proceedings in which the juvenile court has not exercised concurrent jurisdiction and prior to a child custody hearing, the court shall determine if the child is the subject of a pending dependency action.

(2) Notice of a child custody proceeding shall be given to the child's parent, guardian and custodian, who may appear and be heard and may file a responsive pleading. The court may, upon a showing of good cause, permit the intervention of other interested parties.

(3) The petitioner shall include in the petition the names of any adult members of the petitioner's household.

 

[Just Blue]

https://forum.freeadvice.com/divorce-separation-annulment-36/question-reguarding-divorce-between-minor-adult-custody-566483.html

Posting Hx.

 

[ecmst12]

I don't think they would even have standing to file for custody...*maybe* for visitation but winning even that is unlikely since they don't have any established relationship with a newborn.

 

[st-kitts]

What is the name of your state (only U.S. law)? Washington, Spokane County.
My husband and I were married in March 2011, I was seventeen and he was eighteen. We now have a one month old child, and my husband was recently arrested for domestic violence against me. His mother is convinced I had planned to have him show violence towards me so that I would be granted temporary custody of my daughter when the no contact order was put in place, which was immediate. She is convinced that I manipulated him, and I "Just know how to push his buttons."

You do not deserve to be assaulted. Period. No matter how angry he may have been, he made a choice to assault you. There are a million different responses a person can make when angry, and violence is as much a choice as the decision to leave the room, take a walk or take a shower. You DID NOT manipulate him into an assault. He may have been angry, maybe even understandably angry, but he bears full weight for his response to assault you in anger. You do not control his actions. He does. It is disgusting that his mother is placing the blame for his violence on you.

I am sure that she and her husband will sue for custody, which I read in RCW 26.10.030, she can legally do. I am afraid that they will win because they are more well off financially, while I am not. What do I need to do to win the custody battle? If they win, will a temporary or permanent parenting plan be put in place, and around what time, and if the plan is permanent, can I still request for a modification? How do I request for a modification and can this request, if I meet the requirements, grant me legal and physical custody of my daughter? ?

When he was arrested, did the arresting officer provide you with information for the local domestic violence shelter or outreach office? I strongly encourage you to reach out to the shelter and talk to them about assistance they can provide you. This may include counseling, shelter for you and your child, emergency support, food, clothes, and perhaps even some legal options. While the shelter might actually be a good option for you and your baby, you do not have to be living in the shelter to take advantage of most services. Having people that are familiar with the court system, custody cases, and domestic violence will be helpful. While being a young mother must be difficult, there are many women that have done so successfully. As rough a start as this is, you can do this.

I was told that, due to his violent nature towards me, he would not be granted visitation regardless of who is given custody, whether supervised or not. I do not intend to keep my daughter from seeing her father, but I also understand that it is not necessarily up to me. I was also told that this is not necessarily true because he has not exhibited any violence toward my child. However, I know that he may in the future. How do I convince the courts to grant him at least supervised visitation to my husband?

Who told you he would not be granted supervised visitation? If it was an advocate, police officer, or child protective services worker, please pay attention and listen to any concerns they voice about your safety. On the other hand, if these comments are coming from your friends and family, take what is said with a grain of salt. Domestic violence in and of itself does not preclude a normal or pseudo normal visitation in many cases.
Please reach out to a local advocate in your community for local help with your situation. AARDVARC is a good site to find your nearest local domestic violence resources.

AARDVARC.org
Good luck.

 

[LdiJ]

I don't think they would even have standing to file for custody...*maybe* for visitation but winning even that is unlikely since they don't have any established relationship with a newborn.

No chance of visitation in WA state...their statutes regarding third party visitation have been struck down by their supreme court.