My ex isn't following our parenting plan, do I have rights to just pick up my daughter on my weekend?

Child Custody 4 views 3 answers
I have a parenting plan that states that I'm allowed to have my daughter every other Thursday thru Tuesday. My ex wouldn't hold to until my child support was caught up even tho I was paying my monthly designated support, I had gotten behind the year before due to not working. I'm all caught up and want my weekends back and she won't let me. She said she was going to drop child support and visitations per the advice of a lawyer but could take months. I want to see my daughter until then and after but don't know my rights. She says that I don't know which weekend is mine although I do and is threatening to remove my daughter from school so I'm unable to get her. Is that legal? She knows I can't pay for a lawyer, nor can she but I don't see why I need a lawyer if the PP is established

Attorney Answers

3
Bruce Clement ·
Your visitation rights under the PP will continue until or unless it is modified by court order. Non-payment of child support is irrelevant, and does not justify suspension of visits. It seems that your ex is in contempt of court. You should probably file a motion to enforce or for contempt. See my Legal Guides on parenting plans and contempt for more information about the legal issues raised by your inquiry. Please keep in mind that although my Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. To find my Legal Guides, click on my photo. On my home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides." Scroll down the list of my 32 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement
0 upvotes
Thuongtri Nguyen ·
Even if you are not paying any child support, your time with your child is still yours. Child support and time with the child have nothing to do with each other. If you are sure that it is your time, you can go and pick up the child. The mother likely would call the police who will tell both of you to go to court to resolve the custody issues. No competent attorney would advice a parent "to drop child support and visitations" since a competent attorney would know the two issues are not connected. You need to act promptly. The longer you wait, the more the court may think that you really do not want to see the child. The courts are used to dealing with self-represented parties, especially in this economy. You will not be the first or the last person without an attorney in court that day. You should start reading the self-help guides from WA LawHelp at http://www.washingtonlawhelp.org/ . This site also has a search feature for low or no cost legal help organizations. You should check whether your county has family law facilitators who can help you fill out some of the forms. "but I don't see why I need a lawyer". If you do not know what to do and do not want to or cannot learn what to do, then you need to hire a professional.
0 upvotes
Dave Hawkins ·
YOu can go pick up your child if you can do so without breaching the peace. If you cause a commotion, that is not good for the child. The proper thing to do is to file a motion for contempt of court and let the court deal with the issue
0 upvotes

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