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Old 02-22-2011 | 10:45 PM
  #12  
SuperPilotWife
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I am a paralegal (and a pilot, but didn't pursue an aviation career due to marrying a pilot and starting a family). I'm in California so not familiar with Washington laws but I believe "the best interests of the child" are the standard in every state. Is your attorney a Family Law Specialist? Have you attended mandatory mediation? Is your County a "recommending County"? (That means that the Mediator makes a recommendation and it is adopted by the Judge.)Usually the Judge's Temporary Order becomes the Final Order unless there is a change of circumstances or some compelling argument. And once an Order is made there must be a change of circumstances in order to change it, at least in California. I don't understand the Judge's decision. You should not be penalized by your employment and should be granted a timeshare close to a 50/50 arrangement . In California, you can have a caretaker for your child during your "visitation" and are not penalized by your employment or the fact that you are working (with your ex having the first right of refusal for childcare during the time you are not available to your son...but it still counts as your time, if that makes sense.) If I were you, I would seek "Joint Legal" and "Joint Physical" custody.

It is also the right of the child to be supported by both parents, so child support is based on each parent's "ability to earn". That means if your ex is unemployed, he will still have a wage attributed to him, even if it is merely minimum wage. That obligation accrues until he becomes employed and is then able to make payments.

I'm sorry you for the stress you are facing. Custody battles are not fun, especially with an uncooperative co-parent. A great Family Law Specialist attorney and a good judge are your friends. I wish you the best.
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