What are the chances of me getting full custody of my kids? 4 Answers as of August 05, 2011So I have two children with this guy. He is a illegal alien and a very violent person. I am getting married and moving to germany with my husband in Nov. I had to get a protection order against the father of my children because he was threating to kill me, stalking me, and he has done this before. He has been arrested two different times for beating me up.And is currently awaiting court for his immigration status. I need to know what I can do so that I can get sole custody or revoke his rights. He is not safe to be around. Is this possible? Or what do i need to be able to take them with me to Germany?
Law Office of Michael W. Bugni | Jay W. Neff
You actually have two somewhat separate issues here. First there is the "custody" issue. Second, there is the "relocation" issue. You describe the father as having a criminal history, a history of domestic violence, a history of stalking and death threats, that he is here in the US illegally, and that he may soon be deported. Unless there is something really wrong in your background, I have a hard time imagining any Washington court giving the father any significant contact with the children. However, it is possible that a court might leave the door open a crack for the future. For example, suppose that at some time in the future, the father came back and demonstrated to the courts satisfaction: (1) that he had solved his immigration problems and that he was now in the court legally, (2) that he had dealt with all of his criminal issues, and (3) that he had successfully completed a batterer's treatment program, and any other appropriate treatment programs. If he was able to do all of that, it is possible that the court, at some point in the future might entertain him having some sort of contact with the children. As to relocating to Germany with the children, there are specific steps spelled out in the statute that you have to jump through. First, there is a notice of relocation that has to be filed and served on the father. This notice has to have some pretty specific information in it. After it is served, the father has a period of time in which to respond. I assume that he will respond. After he responds, there has to be a hearing. At that hearing, the court will decide whether you should move on a temporary basis. Eventually, there is a trial at which the court decides whether that move should become permanent. You are probably going to need an attorney for this. I say this because, from how you have described the father, I suspect he will throw up as many road blocks as possible.
Answer Applies to: Washington
Shana E. Thompson Law | Shana Thompson
You will need a court order in order to take them out of the US without their father's permission. Given your history with dad, his granting of permission is unlikely. You can file a Petition to Establish a Parenting Plan and allege he should have very limited contact, if any, due to the history of domestic violence. You would also need to indicate your intent to relocate to Germany and propose any contact he has is over Skype or when you are back in the US. Once you make your allegations, he may be willing to allow a step-parent adoption to your husband, but if he does not, there is no way to force him to relinquish his paternal rights.
Answer Applies to: Washington