What can my son do since he was denied visitation by the mother if they are not married?
03/23/2009 - Category:Divorce - Child Custody - State: WA #15725
My son has a three year old who he loves deeply, pays support for regularly, and was seeing him regularly every week. The mother has sole custody and the agreement was that my son would finish college; which he will this June. He has since married a wonderful woman who also loves his son very much. The mother has completely denied visits and refuses to let him see him because of jealousy and is trying to build a case against my son, who is a fabulous father. Lives a clean and sober lifestyle, deep in his faith, etc., and the mother does not like that. She is a good mother but uses her young son for her own personal gain. Also, now she says that he cannot see his father until after he graduate in three months. He doesn't know what to do since she has sole custody at this point. She has also been diagnosed as bi-polar and OCD. What should he do?
If a parent denies court ordered visitation, it is possible to bring a petition in court to find the denying party in contempt. In some cases, criminal charges of interference with custody may apply. It is possible to petition for a change of custody when a significant change of circumstances may be proven. The court may grant such a motion if it is determined to be in the child's best interests, taking all the facts and circumstances into account.
The following is a WA statute:
RCW 9A.40.070 (1) A relative of a person is guilty of custodial interference in the....
(1) A relative of a person is guilty of custodial interference in the second degree if, with the intent to deny access to such person by a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person, the relative takes, entices, retains, detains, or conceals the person from a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person. This subsection shall not apply to a parent's noncompliance with a court-ordered parenting plan.
(2) A parent of a child is guilty of custodial interference in the second degree if:
(a) The parent takes, entices, retains, detains, or conceals the child, with the intent to deny access, from the other parent having the lawful right to time with the child pursuant to a court-ordered parenting plan; or
(b) the parent has not complied with the residential provisions of a court-ordered parenting plan after a finding of contempt under RCW 26.09.160(3); or
(c) if the court finds that the parent has engaged in a pattern of willful violations of the court-ordered residential provisions.
(3) Nothing in subsection (2)(b) of this section prohibits conviction of custodial interference in the second degree under subsection (2)(a) or (c) of this section in absence of findings of contempt.
(a) The first conviction of custodial interference in the second degree is a gross misdemeanor.
(b) The second or subsequent conviction of custodial interference in the second degree is a class C felony.
Please see the information at the following links:
Please see the forms at the following links:
03/23/2009 - Category: Child Custody - State: WA #15725
See more Questions in the Child Custody Category