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Filing for full or primary custody?

My post isn't really going anywhere, so, hopefully someone here can help...

How exactly does this work? Can it be done at any point the requesting parent wants to?

Basically, I have a friend who (eventually) wants at least half, if not primary or full custody of his children. But, he is moving back to their home state from his home state, and will probably need a bit of time to get back on his feet. Ideally, this will be 9 months of him staying with our family.

Can he go back to court after that period of time and file at that point? Or is it fairly set in stone after a divorce is granted?

The state in question is Washington.

Answer Question

Asked by sojourner. at 6:14 PM on May. 4, 2011 in General Parenting

Level 11 (541 Credits)
Answers (4)
  • He's not going to get primary/full unless he can prove a substantial change in the children's mom becoming unfit. Primary placement is pretty much set in stone once the divorce is granted. He wouldn't have much, if any, trouble getting joint legal if he doesn't already have it, and an increase in visitation.

    Answer by desert_diva at 6:21 PM on May. 4, 2011

  • Generally you have to have a change in circumstances to go back to court. Moving to be closer to the kids is not always seen as one. Changes in circumstance are usually things like the kids moving alot, changing schools, and things like that. You can probably google change of circumstances for custody situations and get a better list.

    Answer by gemgem at 6:22 PM on May. 4, 2011

  • Oh and changes in custody also happen when the custodial parent denies the other parent visits. That is the only other way.

    Answer by gemgem at 6:22 PM on May. 4, 2011

  • Change in circumstances can always be filed at anytime, with evidence to support your motion to change.

    my husband went through it with his first wife, the orginal order has been changed 3 times in five years......both share custody, full custody is only awarded when one parent is absent or unfit or theres issues that need to b addressed.
    His ex wife tryed to get full custody but the judge denied her because both were capeable of rising the child and share parental time.
    Visitation and parenting plan was worked out through medation, both parents get equal amounts of time and share all hoilday etc.

    its importnant to do whats best for the child/children, and never give up they are your kids and no one has a right to take that away, unless u are not supporting them, physically, mental, emotonally keeping up with child support payments etc. Everybody has rights!

    Answer by gem05 at 4:08 AM on May. 5, 2011

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