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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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I have a son who is now four months old. There has not been

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I have a son who is now four months old. There has not been a parenting plan put in place yet and his father has shown no real interest in seeing his son. I lived within close proximity to him in Washington state after logan was born for two months. He attempted to see Logan two weeks after he was born and yelled at me and called me names in my home. I told him that he could choose to stay and see our son longer if he could respect me and speak to me nicely. He just left after that and didn't stay to see our son. He didn't help me at all with child support until i gave him two months notice that I was moving to Hawaii..he sent me four hundred dollars and I have not heard from him or seen anything since, i even sent certified letter with all my contact info...should I file for full custody in Hawaii or do a visitation plan. if i should file visitation plan, how do I write it up for a four month old while i live in hawaii and he in washington?I understand school age but not babies
Submitted: 4 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 4 years ago.
From the information you have provided, you should not worry about filing for custody at the present time. If dad wants to see his child, he should be the one filing for visitation. It would be his move to take action, not yours. So long as he has the child's contact information, you are not required to take any further steps. Having a custody order in place can restrict your movement should you later decide to relocate as it could mean getting the court's permission instead of your own freedom to move.

If the goal is to get child support, then you can file for that through the child support agency in Hawaii. Since you are the current parent who has primary custody of the child, you can get support even if there is no custody order on record.

Further when it comes to infants, a parenting plan with an infant is usually one or two times a month weekend visitation at the mom's place of residence, since the goal is to not disrupt the child's stability which is important while they are infants. But as already stated, you should not worry about doing this, it should be the father's job to ask for visitation, not yours. If you want child support, contact the Hawaii child support agency to assist you in setting that up.


http://hawaii.gov/ag/csea


_______________________________________________

Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

Customer: replied 4 years ago.
The issue is, the state is going to go after him for child support. i am afraid that when they do, he will file a parenting plan in washington state. i dont want to have to fly to washington to fight it. my concern is filing in hawaii before he files in washington.
Expert:  Attorney & Mediator replied 4 years ago.
I see. You won't be able to do a visitation plan without first initiating a custody case in Hawaii. Once you file in Hawaii, then the court will set up mediation for both of you to work out a visitation plan to be submitted with the court for approval. A mediator can help you with creating the parenting plan. The plan has to be agreed by both parents. In general for long distance with an infant, reasonable visitation can be one or two times a month or a liberal visitation where both parents will agree to set a date and time for visitation within 30 days (as an example). Since you move, it is possible that child support can be reduced to account for the travel expenses he would incur, so these issues will need to be addressed at court if mediation cannot be worked out between the both of you.

In general, if the child has been living in the state for six months, then that court would have jurisdiction. However, since the child is 4 months, WA would continue to have jurisdiction and if you believe he will be filing for custody/visitation in that State then yes it would be wise to begin the process in HI.




_______________________________________________

Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

Customer: replied 4 years ago.
How do i go about initiating the custody case...what forms should I file?
Expert:  Attorney & Mediator replied 4 years ago.
Unfortunately I do not see the forms through the Hawaii court website for me to pass on to you. You would need to file a motion to establish custody and parenting plan. I would suggest asking the family court in Hawaii to see if they have fill in the blank forms. If they do not you are going to need the help of an attorney in Hawaii to draft the motion. If you are low income you can see if you are eligible for free or reduce legal help through your legal aid office in Hawaii.


http://www.legalaidhawaii.org/FAMILY_LAW.htm





_______________________________________________

Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

Customer: replied 4 years ago.

your help has been wonderful so far...the last question i have is i left Washington state without his permission...i gave him verbal notice about 8 weeks before i was planning on moving, and then as soon as I got to hawaii, i sent my contact information by certified mail. we establishe paternity via a paternity affidavit in the hospital. do you think I will get in trouble for having done this?

 

Expert:  Attorney & Mediator replied 4 years ago.
Absolutely not. Unless a custody order already exists, there is no need for you to get his consent to relocate. Further there is no child abuduction case because you have provided the father with your child's contact information. You would only be in trouble if you deny contact or access to the child.





_______________________________________________

Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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