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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34389
Experience:  Began practicing law in 1992
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Will a parenting plan from Washington State be honored in

Customer Question

Will a parenting plan from Washington State be honored in Delaware?
Submitted: 8 years ago.
Category: Legal
Expert:  P. Simmons replied 8 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Is this a court ordered plan?
Customer: replied 8 years ago.
Yes
Expert:  P. Simmons replied 8 years ago.
Then it can be enforced in any state. Here is the law that applies

http://en.wikipedia.org/wiki/Uniform_Child_Custody_Jurisdiction_And_Enforcement_Act


Customer: replied 8 years ago.
The child and neither of his parents live in Washington and when the parenting plan and divorce decree were complete, neither parent nor the child the lived in Washington.
Expert:  P. Simmons replied 8 years ago.
OK...so what is your question, do you believe the WA court did not have authority to grant the order?
Customer: replied 8 years ago.
My husband signed a parenting plan that states that his son cannot be around me. So if he wants his son, I have to find another place to stay with my daughter. His ex-wife could give written consent but she refuses. I am not a criminal, don't have substance abuse problems, etc. and she has no real reasons to keep her son away from me. My husband is active duty so I have to drive back to Kansas (we live in Delaware) with my daughter everytime he wants his son. Now he wants a divorce because he doesn't want to have to go through this everytime and his ex-wife is threatening a contempt order if I am around. So I guess I am just trying find a legal way around all of this.
Expert:  P. Simmons replied 8 years ago.
OK, I understand your husband wants this...but what does the judge say? has this been to court? If so, did you have a lawyer to present your side? If not, why not?
Customer: replied 8 years ago.
He hasn't filed yet. Does it make a difference? A judge can't say no to a divorce can he?
Expert:  P. Simmons replied 8 years ago.
A judge will not say no to a divorce IF its properly filed and processed. If you do not "do it right" the judge very well may throw it out and tell you to start over.

But this goes back to the parenting plan...I assume this is part of the divorce, corrrect? has the court issued an order yet for this plan?
Customer: replied 8 years ago.
I don't understand what you mean. The parenting plan and everything was signed off by the courts during the divorce.
Expert:  P. Simmons replied 8 years ago.
Understand... and I am trying to understand where to are at in the proces...is the divorce final?
Customer: replied 8 years ago.
He hasn't filed for our divorce yet. He has to wait until we have been separated for a month before he can file.
Expert:  P. Simmons replied 8 years ago.
OK, I'm not sure how to help, I will opt out and allow another to assist.

Hang on please

Expert:  Dwayne B. replied 8 years ago.
I'm a little confused by the exchange between you and the other expert, who is very good by the way.

I'm going to ask a few questions to try and sort this out so bear with me.

Who were the parties to the parenting plan? Whose children are affected?