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RONB-ESQ
RONB-ESQ, Lawyer
Category: Legal
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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I am a single parent to a son under the age of years old. I

Customer Question

I am a single parent to a son under the age of years old. I was looking for guidance on seeking sole custody for my son. His father is involved but yesterday did not want to return him at our normal time. He is actively involved and sees him Wednesday-Friday overnight. He is a good parent but I am concerned that his father will not return him to me.
JA: Thanks. Can you give me any more details about your issue?
Customer: He pays $400 monthly in support via cash and has not wanted me to seek support enforcement through DCS. He is in a relationship with another person who has 2 children as well. The age difference between he and I is 10 years. Does this information help, or were you looking for additional information?
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Submitted: 9 months ago.
Category: Legal
Expert:  RONB-ESQ replied 9 months ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Expert:  RONB-ESQ replied 9 months ago.

I am assuming you and the child are located in Indiana since you reference DCS. Could you confirm that there has been a court order that establishes the amount of child support the father is required to pay and that details his visitation rights? If you can provide these answers then I can better answer your question.

Regards,

Ron

Customer: replied 9 months ago.
Hello Ron,We currently reside in the state of Washington. I was referring to the Division of Child Support (DCS). There is no formal establishment for support, rather an amount that he determined was feasible for him. With regards ***** ***** visitation, that has not been formally addressed in court either; to reiterate, nothing has been formally addressed in front of a judge or mediator. I would like to establish legally, that I am the primary and custodial parent for our son. Established visitation via our agreement is he has him overnight from Wednesday-Friday each week and returns him Saturday morning by 0900am PST. He also has him from 1-5pm on Sunday, three times a week. He is obligated to work one Sunday each month, and is a manager for T-Mobile. He is going on 34 years old with only our son (he parents his girlfriend's 2 kids) and I am 23 (have a total of three kids, two with an ex and have established custody with them). Hope this helps!Thank you.
Expert:  RONB-ESQ replied 9 months ago.

I would then highly recommend that you file a petition to establish parentage along with that will be what Washington calls a parenting plan that details which parent has which rights. I say this because if there is no legal order in place now the child's father has the legal right to possess the child at any time just like you do. I don't say this to scare you just so you know the importance of getting an order put into place as once you have an order then you have a rule book more or less that each party should follow. Then if he fails to comply, while you can't really call the police and get them to do anything, you can go back to court and seek to have the court punish him through contempt of court among other things. I will point you to this website that provides some help to those that want to handle the process themselves. I find many other states provide much more information for non attorneys. http://www.courts.wa.gov/forms/

As always if you can afford it I would highly recommend that you retain a family law attorney so you protect you and your child's rights to the fullest extent. Please ask any follow ups you have and I will do my best to answer them

Ron