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Washington Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Washington on
Q: Case on UCCJEA and UIFSA. California is the home state of the children and mother. Washington is the home of father.

Need help with our case. The children live in california. They were born in Mexico. They moved to California in 2015 with their mother who chose not to allow contact with my husband as soon as she arrived in the US. My husband moved here to Washington from Mexico in 2010 so has have never lived in... Read more »

Zachary C Ashby
Zachary C Ashby answered on Feb 10, 2022

For child support, the state where the children live is where jurisdiction is proper. If the children live in California, California has full power to establish a child support obligation and require your husband to pay.

UIFSA and UCCJEA are what are known as uniform law. They are created...
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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Washington on
Q: Wrongly served parenting plan

I live in Washington state and my daughters dad tried to serve me a parenting plan but he had it served at an address when I was not a resident. He served it to my friends apartment. When she was informed that it was for me she told the server I did not live there and she would not except so the... Read more »

Zachary C Ashby
Zachary C Ashby answered on Feb 10, 2022

You are right that person service requires service at your place of residence or to you directly. So if someone attempted to serve you at a place you do not live, service was not proper. This is true even if your friend later delivers the documents to you.

But that doesn't mean you...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Washington on
Q: Wrongly served court papers

Someone tried to serve me court papers but sent them to a friend of mines apartment. She recorded the man serving the papers. When she told him I did not live there and she did not except he threw the paperwork down on the ground in front of her and left. Technically I not been served yet....what... Read more »

Zachary C Ashby
Zachary C Ashby answered on Feb 10, 2022

This really depends on the type of case. The reality is that if this is a family case, you will be found and service done properly. Moreover, serving documents incorrectly does not get a case thrown out.

The risk you run at doing nothing at this time is that you could have orders entered...
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1 Answer | Asked in Family Law and Child Custody for Washington on
Q: If I have primary custody of my son currently, and want to modify the order to have sole custody. What steps do I take?

I am concerned about emotional and mental abuse and there was an altercation recently. My son would like to be with me always.

Zachary C Ashby
Zachary C Ashby answered on Feb 10, 2022

It can be difficult when dealing with an ex who has their own emotional problems. While Washington law favors parenting plans where both parents are able to parent according to their own style, it can be possible to limit and condition the time the other parent spends with the child.

For...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Washington on
Q: Can my sons mom hold a video of me being aggressive from a long time ago over my head for custody of my son ?

She was assaulting me and recorded me when I finally lost my cool . We’re broken up and she won’t let me see my son . She’s trying to cut me out of the picture and has another man around him . I just want to be able to see my son . Do I stand a chance in court ?

Zachary C Ashby
Zachary C Ashby answered on Feb 3, 2022

The short answer is yes. She can present all evidence that you are not good to be around your son because you have anger problems.

But because no one is perfect, I'm sure that you have evidence that shows you are patient and a good dad. In fact, you likely have a history since that...
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1 Answer | Asked in Child Custody and Family Law for Washington on
Q: Can I add my newborn son to my pending custody case?

We filed a custody case in 2020 for our daughter. We decided in 2021 to work things out in the middle of our custody case. I got pregnant again and now just gave birth to our 2nd child. The case is still pending but it doesn’t include our newborn son. Can I add him to the case or will I have to... Read more »

Zachary C Ashby
Zachary C Ashby answered on Feb 3, 2022

Yes. You will need to amend the petition that started your case. But that is possible to do when there are new facts. You may want to find an attorney to help so that you don't waste your precious time trying to figure out how that works.

The father will, of course, need to be on the...
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1 Answer | Asked in Divorce, Child Custody and Child Support for Washington on
Q: My child turns 18 next month... what do I need to do regarding Child Support/Parenting Plan, does it end automatically?

I am just needing to know what I do when he turns 18, do I need to go to court to terminate those 2 things, or do they just end automatically when he turns 18? I obviously do not want to keep paying child support at 18, but do owe a small amount of back support, and also obviously don't either... Read more »

Zachary C Ashby
Zachary C Ashby answered on Feb 3, 2022

The parenting plan will terminate automatically when your child turns 18.

Child support can be a little different. There is a termination date on the order. It will state something like this order ends when the child reaches 18. Often it is after he or she graduates high school or turns...
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1 Answer | Asked in Child Custody and Family Law for Washington on
Q: What are my legal rights as a father?

My daughters mom (my ex) will on occasion freak out when it's my weekend with my daughter and will coerce my daughter to say anything she feels justifies her to come over and take my daughter back and threaten me with calling the police etc when I have done nothing. She's done this... Read more »

Stacie Lynn Naczelnik
Stacie Lynn Naczelnik answered on Oct 15, 2021

Your residential time is defined by the parenting plan. Unless the parenting plan says that she can pick your daughter up during your time because your daughter says she wants her to, then she shouldn't be doing this. You should both be following the parenting plan as best you can.

1 Answer | Asked in Family Law and Child Custody for Washington on
Q: trying to relocate with my child from Washington state to Oregon, does the lawyer have to be licensed in both states?
Stacie Lynn Naczelnik
Stacie Lynn Naczelnik answered on Sep 9, 2021

The lawyer needs to be licensed in the state where the court case is. The relocation will likely be litigated in the same court where you got your parenting plan, so that is where the attorney should be licensed.

1 Answer | Asked in Family Law, Child Custody and Child Support for Washington on
Q: My son just turned 18 is he still required to visit his non custodial parent?

We live in Washington state. I am receiving support from the non custodial parent until he graduates high school per the support agreement.

Vincent J. Bernabei
Vincent J. Bernabei answered on Feb 2, 2021

An 18 year old is considered an adult and is no longer subject to a court order for parenting time.

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Washington on
Q: My husband is in jail for domestic violence. I want to divorce him and get my sons passport so I can return home

Is this possible with him being in jail

Brennan R Block
Brennan R Block answered on Jul 15, 2020

Yes, it is possible to divorce your husband while he is in jail. You will need to serve him, in jail, with a divorce petition and follow procedures required by law. You should hire an experienced divorce attorney in your state to help with you with the process.

1 Answer | Asked in Child Custody for Washington on
Q: Can I get in trouble for letting my girlfriend stay at my parent's house?

I’m from Washington state and I’m 18. My girlfriend is from Maryland and is almost 17. She just ran away due to her household being unsafe for her to stay in. If I were to let her stay in my parent’s house, would I get in trouble? Would my parents get in trouble? Is there anything I could do... Read more »

Kevin R. Richardson
Kevin R. Richardson answered on Feb 6, 2020

You did not share too many facts. And, more facts may change my answer, but the answer is basically no. What you can do is set up an appointment with an attorney or even call the local shelters, the YWCA, domestic violence organizations, or the local attorney Bar Association for some specific... Read more »

1 Answer | Asked in Child Custody and Family Law for Washington on
Q: In a non parent custody case when non parent is deinig any visitation to parents no visitations plan in motion

In my case at original time case opened no set visitation plan was written down and the parents signed only tempery custody till they got back on there feet but parties have diened visitation for a year and a have with minor

Kevin R. Richardson
Kevin R. Richardson answered on Jan 12, 2020

Speak to an attorney. There are a lot of facts left out, but it sounds like there is an open case with the court. To find an another key, there are local Bar Associations referral services, pro bono clinics in many areas, and the court itself will likely have resources on area programs.... Read more »

1 Answer | Asked in Family Law and Child Custody for Washington on
Q: Is there anything I can do if my children's mother keeps telling my kids lies and things they do not need to hear?

For instance:

- My children told me that their mom isn't working anymore, but that she told them not to tell me or else I would try to take them away from her.

- She told my children that I didn't want to share Easter with her (which is the opposite) and that I wasn't... Read more »

Elizabeth A. Arwood
Elizabeth A. Arwood answered on May 7, 2019

As your question indicates, it is not in a child's best interest to discuss the Court case with children, involve them in parenting decisions, or disparage the other parent to the children. Your remedies regarding this situation depend on a lot of contingencies, such as if you already have a... Read more »

1 Answer | Asked in Child Custody and Family Law for Washington on
Q: My spouse and I are going thru custody case.I learned child has missed 12 days-47 tardy. Is this neglect?

We are both petitioning for full custody.

Elizabeth A. Arwood
Elizabeth A. Arwood answered on May 7, 2019

It's difficult to answer this without more information regarding the cause of the absences. Neglect in Washington is defined as negligent treatment or maltreatment of a child by any person under circumstances which indicate that the child's health, welfare, and safety is harmed. In... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Washington on
Q: Nephew is 18 & in HS, been living w/me for 6 mos. His Dad won't give up being the custodial. How do I become custodial?

Yes he is 18 but he is still in high school & his dad claims he is the custodial until my nephew graduates.

Vincent J. Bernabei
Vincent J. Bernabei answered on Apr 11, 2019

You don't. Your nephew is an adult.

1 Answer | Asked in Child Custody, Child Support and Divorce for Washington on
Q: What documents will i need to take to the court house to start the divorce process

Hello, I am trying to file for a divorce in Washington state, I am trying to do this on my own, i was wondering what documents I would need. I have the summons, Petition for Divorce and Agreement to Join Petition (Joinder) documents that my ex signed already. I am trying to expiate the beginning... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 10, 2019

Have you researched the process at your local law library and online via the WA state court's website? Those are great places to start when representing yourself in a divorce and seeking forms and guidance. Have you considered limited scope representation as a more affordable way to hire a... Read more »

1 Answer | Asked in Child Custody, Child Support and Civil Rights for Washington on
Q: How do I get power of attorney back after signing it to my mom
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 10, 2019

Have a lawyer review the Power of Attorney document you signed to determine how to properly rescind that POA. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my... Read more »

1 Answer | Asked in Family Law and Child Custody for Washington on
Q: Is falsified court documents illegal?

I was served with contempt. But the additional relief that was stated in the documents I was served with were not in the court papers filed with the court

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 26, 2018

You may be able to object to service of process if you were not served a full copy of the filed documents, at which point you may need to be re-served. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such... Read more »

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Washington on
Q: Is it possible to lose sole custody of my son if I am a student, not currently working?

Husband is emotionally abusive and has been physical 2 times with me. He is terrible to my dog (hits him, threw him once). I’ve grown to hate him, and during one incident I feared for the safety of my son (emotional well-being too)

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 26, 2018

You might be able to seek a restraining order, child custody, child support, spousal support, and attorney's fees, depending on the facts. You can report domestic violence to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an... Read more »

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