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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17463
Experience:  B.A.; M.B.A.; J.D.
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I live in WA, my ex girlfriend and i have 2yo daughter. We

Customer Question

i live in WA, my ex girlfriend and i have 2yo daughter. We have our own custody agreement between the two of us, but no formal parenting plan. She was involved in a domestic violance incident in which she was beaten by her boyfriend in their home while
our daughter was asleep in the next room. I since took her in and their was a protection order placed by the police for to contact with her boyfriend. I am now in a situation where she is removing the protection order on his request. She is still living with
me and i want to get a restraining order against this guy for my daughter. I was told that since their is no parenting plan i cannot. That i would have to get one added to a parenting plan. My fear now is her taking my daughter back to this guys house while
i am gone at work. Is there a way i can get a temporary order to stay at my house until a parenting plan is reached? A way to maybe have my child with my parents with my permission in nevada while things are going down? I know one i get the ball rolling on
any of this, things will get way out of had, but i just want to protect my child before things get bad. i should also add she has another child that she currently does not have custody of.
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
Who told you that you cannot get a Restraining Order for your daughter because you do not have a Court-approved parenting plan?
Customer: replied 1 year ago.
The clerk at the courthouse
Expert:  Phillips Esq. replied 1 year ago.
Thank you for the information.
Your initial post:
i live in WA, my ex girlfriend and i have 2yo daughter. We have our own custody agreement between the two of us, but no formal parenting plan. She was involved in a domestic violance incident in which she was beaten by her boyfriend in their home while
our daughter was asleep in the next room. I since took her in and their was a protection order placed by the police for to contact with her boyfriend. I am now in a situation where she is removing the protection order on his request. She is still living with
me and i want to get a restraining order against this guy for my daughter. I was told that since their is no parenting plan i cannot. That i would have to get one added to a parenting plan.

Response 1: I am not sure why as a parent, who has been formally established as the father would need to have a parenting plan in place before he can apply for a Restraining Order on behalf of his minor child. Maybe this is a local procedure. I do not practice in Washington State. So, regrettably, I will defer to what the Clerk told you.
My fear now is her taking my daughter back to this guys house while
i am gone at work. Is there a way i can get a temporary order to stay at my house until a parenting plan is reached?

Response 2: Unfortunately, you cannot do this. However, you may want to try emergency Motion for Custody. There should be forms at the Courthouse for filing Emergency Motion for Custody.
A way to maybe have my child with my parents with my permission in nevada while things are going down? I know one i get the ball rolling on
any of this, things will get way out of had, but i just want to protect my child before things get bad. i should also add she has another child that she currently does not have custody of.

Response 3: It is unlikely for the Court to let you move the child out of the state when the mother has not done anything to harm the child. The mother is a victim of her boyfriend's abuse and she should not be penalized for her boyfriend's behavior.