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Boys This Child Custody Stuff is NO JOKE


Jimmy Hoffa
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4 minutes ago, rjt said:

Don’t the courts almost always rule in favor of the mother, unless she’s a complete loser or meth head?

They lean that way.

However, in this matter the mother is unemployed and sleeping on her dad's couch. Whereas the father is making $46.00 per hour, has childcare in place and maintains the baby in the only home the baby has ever known.

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8 minutes ago, Jimmy Hoffa said:

The Mom has no rights that trump those of the father.

The baby is in my son's home where all of his belongings are, the mom got mad that he cheated and left.

Legally speaking only, she abandoned her child.

This will not end well imo.   If you haven’t consulted with an attorney, I strongly suggest you do.   Presumption of custody is with mother absent a custodial agreement ordered by the courts. If abandoning the baby means her moving out yet letting dad have him alternating weeks in interim, this is a weak argument.  If she wants child back, she will likely get him back. And she could claim kidnapping because she has the right (for better or worse) until court says otherwise. 

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1 minute ago, Jimmy Hoffa said:

They lean that way.

However, in this matter the mother is unemployed and sleeping on her dad's couch. Whereas the father is making $46.00 per hour, has childcare in place and maintains the baby in the only home the baby has ever known.

This will all get sorted out in court, but until then…

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1 minute ago, IAG said:

And she could claim kidnapping because she has the right (for better or worse) until court says otherwise. 

Let's play this out some...

Nobody has been ordered to do anything to this point and only a verbal agreement is in place. So, how exactly would police enforce her visitation when visitation has yet to be established by a court's ruling on the documents we filed this morning??

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https://www.mollybkenny.com/blog/divorce-myth-7-mothers-are-favored-for-custody-of-children.cfm#:~:text=When considering a parenting plan,and never to the father.

When considering a parenting plan, the court is legally obligated to consider several important factors about your case. Whether a parent is the mother or father is not one of those factors. It’s a myth that courts in Washington will always award custody to the mother and never to the father.

 

 

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4 minutes ago, Jimmy Hoffa said:

Paternity is established and dad is on the birth certificate.

Then he has the right to seek custody and will likely get in court (see blip above…if this is established then they can CREATE A PATH I.e. get the proper court docs in order which you’ve done) ,,., but until then, mother has the sole custodial right. If they had been married at time of birth, he would have equal right to custody immediately l.  Because they weren’t, there are some hoops to jump thru.   PLEASE at least make a phone call to a family law attorney before doing something that could jeopardize his rights in the future. 

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The Washington law typically grants custody to the mother in default cases.  There is no default because he will appear in court.

Being the biological mother does not automatically guarantee custody. The court evaluates various aspects, including the child’s relationship with both parents, to determine the most suitable custody arrangement.

https://torronelaw.com/washington-state-child-custody-laws/

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2 minutes ago, IAG said:

Then he has the right to seek custody and will likely get in court (see blip above…if this is established then they can CREATE A PATH I.e. get the proper court docs in order which you’ve done) ,,., but until then, mother has the sole custodial right. If they had been married at time of birth, he would have equal right to custody immediately l.  Because they weren’t, there are some hoops to jump thru.   PLEASE at least make a phone call to a family law attorney before doing something that could jeopardize his rights in the future. 

I would delay your plan jimmy, hand the kid over for the next week while you consult a lawyer, if the lawyer thinks your plan is sound you can do it in 2 weeks.

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1 minute ago, Jimmy Hoffa said:

https://www.mollybkenny.com/blog/divorce-myth-7-mothers-are-favored-for-custody-of-children.cfm#:~:text=When considering a parenting plan,and never to the father.

When considering a parenting plan, the court is legally obligated to consider several important factors about your case. Whether a parent is the mother or father is not one of those factors. It’s a myth that courts in Washington will always award custody to the mother and never to the father.

 

 

You’re right when THE COURT DECIDES.   Until then…oh well..I’m beating a dead horse.   As a decade long paralegal,I would like to think I know a little something about how the courtsystem works.    You’re seeing the big picture and not the one in place now.   It’s like a person  being free on bail until her court date and then things will be decided. 

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1 minute ago, IAG said:

You’re right when THE COURT DECIDES.   Until then…oh well..I’m beating a dead horse.   As a decade long paralegal,I would like to think I know a little something about how the courtsystem works.    You’re seeing the big picture and not the one in place now.   It’s like a person  being free on bail until her court date and then things will be decided. 

Don't shut down, I value your opinion.

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Just now, IAG said:

You’re right when THE COURT DECIDES.   Until then…oh well..I’m beating a dead horse.   As a decade long paralegal,I would like to think I know a little something about how the courtsystem works.    You’re seeing the big picture and not the one in place now.   It’s like a person  being free on bail until her court date and then things will be decided. 

If the cops come and say give the kid to her, and then you or your son blow up - especially if armed, it'll look really bad when you do go to court. Get your ducks in a row with a lawyer first.

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IMG_2509.jpegFocus only on the first paragraph.  I understand your anger and frustration but I just want you do have things done correctly even if it means sucking it up for a while now til things can be handled correctly thru the courts.  
 

This one isn’t specific to Washington like the other one, but maybe it conveys better.  However everything I’ve read indicates it holds true for Washington. 

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Just now, mikeman said:

If the cops come and say give the kid to her, and then you or your son blow up - especially if armed, it'll look really bad when you do go to court. Get your ducks in a row with a lawyer first.

We won't disregard the police's instructions Mike.

BUT, the police can't enforce an oral agreement. Only a court order.

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Just now, Jimmy Hoffa said:

We won't disregard the police's instructions Mike.

BUT, the police can't enforce an oral agreement. Only a court order.

I understand that, but according to that page SHE will get custody - virtually guaranteed I think because they're not married..

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