How do I get custody of my son if I am going to get a divorce in Washington? 1 Answers as of April 01, 2011

Can I have custody after going through a divorce?

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Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
The word "custody" doesn't have much of a specific meaning in Washington law, even though the public and even judges and attorneys throw it around. Your contact with your child will be determined by the court and set forth in a parenting plan. The parenting plan will specify how much time you have with the child, whether there are restictionsor conditions on your time, and whether you get to participate in decision making about the child. If you mean by "custody" , "how do I become the person who cares for the child more than my spouse?", the most important factor is what has happened up to now, assuming there is nothing dramatically wrong with you that effects your ability to perform parenting functions. So, the best way to assure you will be the primary caretaker of your child, is to have been the primary caretaker of your child. You prove you have been the primary caretaker with evidence. An attorney can help assess whether you have that evidence or whether there are other factors that would compel the court to make you the primary residential caretaker. Good luck.
Answer Applies to: Washington
Replied: 4/1/2011
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