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I'm a father of a 10 year old boy in Oak Harbor, WA. My wife…

Hello, I'm a father...

Hello, I'm a father of a 10 year old boy in Oak Harbor, WA. My wife decided to leave our home about two weeks ago to move down to her mothers house in Vancouver, WA, about 4 hours away. I told her I wouldn't stop her, but if she took my son it would be against my will. Anyway, I was supposed to get him tomorrow for a week, but she emailed yesterday and said I would need a court order to do so. What are my legal rights in this situation?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in WA family court?

Not yet, I've been trying to see a lawyer but they are all booked up right now

Lawyer's Assistant: Have you talked to a lawyer about this yet?

I've contacted 4 lawyers, but they are all too busy

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

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Answered in 6 minutes by:
3/23/2018
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,625
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Good afternoon,

You have just as much legal right to a child born of the marriage as your wife does. Technically, you could go to her mother's house and pick up your son. You do not need a court order to do so.

That said, if you contacted the police, they likely will not do anything without a court ordered visitation agreement being in place (and you cannot get that without filing for either legal separation or divorce).

RobertJDFL
RobertJDFL, Lawyer
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