Basic questions about custody law

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francero

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Hi
I just moved to washington state with my wife and son. We will be getting an amicable divorce here but we will stay living on the same property because we are co-parenting our 1 year old. I have reasons to distrust my wife though so there are a few basic legal facts I would like to get straight: Is a mother allowed to leave the state with the child without permission of the father or is that considered child abduction? Generally, what are the laws limiting travel with an infant against the will of on of their parent? I am sure I am not allowed to limit her from traveling within the city with our child but out of county, state or country? Any info is appreciated.

Also, what power do I have to limit the exposure of my child to a friend of my wife's who I find harmful for my child to be around because of her repulsive and unsafe conduct. Nothing bad ever happened but I have a strong opposition to this person being around my child. Is there a simple way for me limit her from exposing my child to that person or could this only be achieved via a court case in which I had to prove what is so harmful about that person?

Thank you much for your advice. I truly appreciate it.
 
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Once you have a custody visitation order there will be rules about when and how a parent can leave the state with the child.
As for now, so long as it is not for the purpose of deliberately preventing you access to the child it is a non issue.
As for the friend, you won't get anywhere with that. You might consider letting that go so you don't detract from other legitimate concerns.
Get used to the idea that you will have no control over what she does, and she will have no control over you.
 
what is the difference between traveling and living somewhere?

Thank you for your replies. So is she allowed to move to another state if she wants to? Surely that cannot be legal and I cannot be expected as a father to give up my life and move to another state just to be around my child.

Also, what defines travel vs. living somewhere. If she travels out of state and stays there for let's say 80% of the time I would argue it is not travel but that she lives there.

Thank you
 
Like you've been told elsewhere, WA is relocation friendly. And without court orders, yes, Mom can move to another state and take the child.
 
Thank you for your replies. So is she allowed to move to another state if she wants to? Surely that cannot be legal and I cannot be expected as a father to give up my life and move to another state just to be around my child.

Also, what defines travel vs. living somewhere. If she travels out of state and stays there for let's say 80% of the time I would argue it is not travel but that she lives there.

Thank you

Mom can live anywhere she wishes with the child, but so can dad.
Married moms and dads are equal.
Divorce changes things, that's why you require the services of a good attorney licensed in your state.
 
"Mom can live anywhere she wishes with the child, but so can dad."
I am sorry but what does that mean? It doesn't make any sense to me. She might say she wishes her child to live on the east coast, he might say west coast and they both are allowed to do so? A child can only live in one place. I don't understand. thank you
 
"Mom can live anywhere she wishes with the child, but so can dad."
I am sorry but what does that mean? It doesn't make any sense to me. She might say she wishes her child to live on the east coast, he might say west coast and they both are allowed to do so? A child can only live in one place. I don't understand. thank you


It means, you're dad. You can do what you think she will do, but only if you do it first.

Yes, little Billy can only be in one place at one time. It's a basic premise of physical law. Matter only being in one place at one time, who doesn't know that?

Get yourself a lawyer, we've helped you the best we can.
 
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