In desperate need of help and advice Please! Custody Modification.

[inneed]

I'm in desperate need of serious advice and help here. I have a 9 year old daughter. The mother has primary "custody" and I have every other weekend (Fri night until sun night) and two mid-week visits that last 2 hours each. The mother of my daughter has some serious issues (Documented mental evaluation proof, police reports, criminal history) She has a diagnosed personality disorder(Which the Dr. evaluating the mother noted that it is highly unlikely that there can be any help for it). In 2005 our parenting plan was finalized. Since 2007 until present date the mother has continuously violated the parenting plan, refused me my time with my daughter, has been arrested for DV/ malicious mischief multiple times as well as moved several times. She is currently "homeless" and living with friends. She attacked family and they kick her out. She is currently awaiting trial for malicius mischief/dv. She is also in trouble for a probation violation.

I am going to court for a custody modification. I feel my daughter is in danger because of her mothers living conditions, as well as her severe anger control issues.

I live in Washington State, and I have been told that it is very hard to get a custody modification. I tried to get an Ex Parte order and was denied because the judge said that as long as my daughter is in a house that has a roof, "she'll be fine as long as her mother is there."

I have proof of everything from police reports for the violations, proof of criminal history, proof of no employment, declarations from 3rd parties, teachers etc.
Also, I have the mothers mental evaluation that states she has severe anger issues, along with using alienation tactics (which are coming true) and Domestic violence history. Also, there is a high chance that the mother may go to jail for the current crimes she is being convicted of, as well as the probation violations. My daughters hygeine is in question. Also, her report cards show she is falling behind because the mother refuses to help with homework, or enforce homework.

I am so afraid the judge is not going to care about my daughters emotional, as well as physical well being and safety and just deny my case. If it helps, my daughter is now enrolled and will be attening the same school as my other daughter who is in Kindergarten (I'm married and my wife and I have two children together.) This way, when I fight for custody, my daughter will not be moved out of district or very far from her current residence/neighborhood. =)

Do you think I have a good chance of helping my daughter and getting a custody change/modification? Anyone out there have experience with this type of thing?

 

[Proserpina]

I'm in desperate need of serious advice and help here. I have a 9 year old daughter. The mother has primary "custody" and I have every other weekend (Fri night until sun night) and two mid-week visits that last 2 hours each. The mother of my daughter has some serious issues (Documented mental evaluation proof, police reports, criminal history) She has a diagnosed personality disorder(Which the Dr. evaluating the mother noted that it is highly unlikely that there can be any help for it). In 2005 our parenting plan was finalized.

So presumably these issues were all noted when you first went to court? Then they no longer matter, legally.

Since 2007 until present date the mother has continuously violated the parenting plan, refused me my time with my daughter, has been arrested for DV/ malicious mischief multiple times as well as moved several times. She is currently "homeless" and living with friends. She attacked family and they kick her out. She is currently awaiting trial for malicius mischief/dv. She is also in trouble for a probation violation.

What did you do to enforce visitation at the time? Did you turn up and then file contempt? Make a police report?

I am going to court for a custody modification. I feel my daughter is in danger because of her mothers living conditions, as well as her severe anger control issues.

Nothing you've said so far would justify a modification. Your daughter is not in danger - that has been established by the ex parte being refused (below).

I live in Washington State, and I have been told that it is very hard to get a custody modification. I tried to get an Ex Parte order and was denied because the judge said that as long as my daughter is in a house that has a roof, "she'll be fine as long as her mother is there."

This is a strong indication that the court feels there is no danger or threat to your daughter's welfare.

I have proof of everything from police reports for the violations, proof of criminal history, proof of no employment, declarations from 3rd parties, teachers etc.

If these things are prior to your current parenting plan being put in place then they won't matter.

Unemployment is not a reason to switch custody. But, it might be helpful to get a timeline of when the criminal acts occurred, etc.,

Also, I have the mothers mental evaluation that states she has severe anger issues, along with using alienation tactics (which are coming true) and Domestic violence history. Also, there is a high chance that the mother may go to jail for the current crimes she is being convicted of, as well as the probation violations. My daughters hygeine is in question. Also, her report cards show she is falling behind because the mother refuses to help with homework, or enforce homework.

If Mom gets a lengthy sentence, THAT would be a reason to modify custody. But nothing else so far; your daughter is plenty old enough to take care of her own hygiene and you can also help teach her decent studying habits.

I am so afraid the judge is not going to care about my daughters emotional, as well as physical well being and safety and just deny my case. If it helps, my daughter is now enrolled and will be attening the same school as my other daughter who is in Kindergarten (I'm married and my wife and I have two children together.) This way, when I fight for custody, my daughter will not be moved out of district or very far from her current residence/neighborhood. =)

Don't even mention your new family - they don't matter, legally, and to be honest many judges see that as a sort of "dirty trick". The presence of your new family doesn't have any bearing on how well Mom is taking care of your daughter.

Y'know?

Do you think I have a good chance of helping my daughter and getting a custody change/modification? Anyone out there have experience with this type of thing?

Yes, and I live in your State.

You need a CHANGE in circumstance. Not a list of things which happened in the past which have been either addressed in court already or nothing was done at the time.

The only possible change I see is if Mom is jailed for anything over about 6 months.

If Mom withholds your court-ordered visitation, you need to file contempt every single time you turn up to pick up your child and are refused. Every. Single. Time. You can call the county Sheriff's dept, too - they won't enforce your parenting plan but they can take a report and document everything. If she gets enough contempt findings, that can also result in custody being changed.

Bottom line is, unless Mom is convicted and jailed I cannot see the court changing custody at this point.

 

[inneed]

I have police reports for each violation. All the of charges for DV are new charges, but she has many priors. From what I have researched and from what I have been told by several attorneys, judges do not like parents filing for contempt for each violation. Judges prefer a bundled case or they can sanction you for using the court process in "Bad Faith." The mental evaluation is still very much relevent, due to the information provided inside of it (Which I did not go into detail about)

Thank you for your reply

 

[Proserpina]

I have police reports for each violation. All the of charges for DV are new charges, but she has many priors. From what I have researched and from what I have been told by several attorneys, judges do not like parents filing for contempt for each violation. Judges prefer a bundled case or they can sanction you for using the court process in "Bad Faith." The mental evaluation is still very much relevent, due to the information provided inside of it (Which I did not go into detail about)

Thank you for your reply

Perhaps that's accurate for your county. For the counties I'm familiar with, a single finding of contempt - and that's all it would be, one single count even if there are several issues addressed - is going to end up with Mom getting a slap on the wrist and told not to do any of it again.

MULTIPLE counts however...they can end up with custody being changed.

Bad faith applies when the motions are frivolous. Not for genuine cases.

The DV charges are not going to change anything unless the child was present at the time and/or Mom actually goes to jail for an extended period (in other words, a 30 day sentence won't justify a permanent change in custody either).

If you want an accurate response, it would be wise to actually give ALL of the relevant details.

You're welcome !

 

[inneed]

I feel it was wise for me not to go into too much detail, due to the situation. However, I did give enough for the readers to get the idea of what I'm dealing with. It will be at the judges discretion whether or not she chooses to fine/sanation the mother for each individual count of contempt, or she may bundle them,her decision. I feel I have a good case for a modification. Even if I am not succssful in gaining full custody, I have a high chance of getting close to 50/50, if not more.

Under the RCW 26.09.194, the circumstances stand for a modification even without her being found in contempt. The violations are just the tip of the iceberg and the icing on the cake for my end.

Thank you for your replies, I have found them quite useful. :yes:

 

[Proserpina]

How are the readers meant to advise you UNLESS you give the full details?

If you don't want to share online - don't post to a public forum. Because we really can't help you.

And Dad, I have no idea where you're getting your information but your last post is just flat out inaccurate (misguided? misunderstanding what you've been told?). If you don't have enough to get full custody, you don't have enough to modify the current order - period. And sans modification, you will not get 50/50 placement without Mom's consent.

I strongly suggest you do the following:

Re-read the statute you quoted. Because I believe you're misunderstanding the application.

Read case law specific to WA regarding CoC.

Hire an attorney.