If there is no order in place there is nothing she could do if you took the child , You are not Disobeying a
court order , Want to play , Go get the child and file a restraining order on her and keep the child . Say she is living with a man that you feel puts the child welfare in jeopordy , And file a temp order that say's you have custody , If you leave it like this the court won't pay much attention if you Try to say " the child is living with a dangerous man and you did nothing to take the child out of there ,'
I say this because my atty told me one that if I kept my son . It would take court action for her to get Him back , Because there was no order " He did not say Go take your son , He said " if I did " I couldn't get into trouble because there was no order stating who has custody " SOOO
If you won't do that then you have to file for divorce and get a temp order , Or File separation papers , Or maybe just file a temporary
parenting plan ,
If she is dirty she will make up the typical abuse story about you < And you should have , Order To Appoint A Guardian Ad litem in the same Fileing or you have to wait to file that , All this takes time . And I know how divorce is a big step , And hard to initiate , But the facts are she is liveing with another man , And The court will not enforce visitation till you have an order that say;s you have it , SOOO . Call a Bunch of atty's and Keep asking if they can file the papers and you will show up at court pro se ,
Or call the court and make an appointment with a courthouse facilitater , And or ask if there is a night when atty's help people file pro se documents , And or just go to the courtr and go to commissioner services ,
These are all options in Pierce county washington , And it may be different where you are , But if you are patient and ask with a pen and paper in hand to write down who what when and where , You can get the court to help file , I have filed stuff myself , And When I was Nice , Very nice and asked the people at the court where I go to file certain papers , They were pretty helpful ,But you need to write stuff down , Becuase they told me to go to the law library and get a certain paper , And By the time you get there you can't remmember all they told you about who stamps what , And she has to be served etc , And any one can serve her , Here they file a affidavit of service and you turn it into the court , Or you can pay a process server ,
SPARC has a drop down list of courts and papers etc , Just post again about your area , And what you file , And some one will know rthats been through it , I think you will file a temprary parenting plan . And separation papers or dissolution of marriage , But all this takes time . My atty filed a Emergency Order Shortening Time once for My visitaion . And it got to court in like two weeks ,
Don't give up , And keep posting and asking , And post On Socrateasers board , And read his info about how to format , Remmember this is the daily grind at the court and they will basically want the facts . Not all about her and her boy friend etc Your declaration will read something like ,
We are separated , I have not seen My doughter because Mom won't cooperate , I need the courts intervention , And on order stipulating when My parenting time is ",
I have been to court a number of times and My best results are when I said to My atty , Whom relayed to the court
Mr XXX Just wants to see his son < And mRs ZZZ Won't cooperate , And we need a court order, Then the psycho made up Allegations and there had to be a Guardian ad Litem , And this took a long time 3 . or 4 months , Then there was A GAL report , Andf the GAL report said . Mr X Should have regular visits with Minor child , And the commissioner Signed A temp Parenting plan < personally . If My Ex moved in with another man I would file for the dissolution , But this is a hard choice , I filed for disolution pro se , And it went fine , I had to get an atty , But all in all you could do alright if you use a parrelgal service also .
I Had to have the court order visitation , And every advance due to My son getting older , I did it with an atty but if you have no money the best thing you could do is, Call the court and say you want to know where the hearings start ,
Like here In Pierce county you go see the commissioner for the intial temp hearings , And its in the Basement , You need to find out where you start , Like ask a couple atty's , And If they can't tell you ask a couple more because you wouldn't want to hire one if they cant tell you , Then go watch that court , I Never had My atty say any thing astounding , Basically . Mr X wants a parenting plan ,
Basically when the mom made up allegations about me , The court would not do any thing untill the Guardian ad Litem reported to the court that' there was not a fact that verified the mothers allegations , And I should have regular visits' , Then when the court got the report , the commissioner stamped My parenting plan , So there is a process to this < And dont think you lost the war in one go round , Just find out what the next step in the process is . And Have your pay stubs ready because she will get
child support , But if she doesn't ask then don't say any thing just get the visits ordered . Thats what I did <