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Washington Family Law Questions & Answers
1 Answer | Asked in Family Law and Arbitration / Mediation Law for Washington on
Q: appealing to the court in CA to remove my name on sued list that I reside in WA

someone sued me and 2 brothers (they reside same CA state) about the money matter in the family. I would request to remove my name since I live out of the state.

Tim Akpinar
Tim Akpinar
answered on Jun 17, 2022

A Washington attorney could advise best, but your question remains open for two weeks. You may want to consider discussing this with a Washington attorney. It isn't fully clear if this is an arbitration (which is your posted category) or a formal legal action, possibly based on a long-arm... Read more »

2 Answers | Asked in Criminal Law and Family Law for Washington on
Q: I have a detective and adult services checking on my mom because she took out 50,000 out of her bank America account

My m moved in about 6 months ago and got a settlement and I went to the bank with her about 2 months ago and she withdrawn 50 thousand and now I have a detective and adult services at my door what should I do I haven’t done anything wrong my moms old doctor ordered her to get tests done for some... Read more »

Jason Powers
PREMIUM
Jason Powers
answered on Apr 14, 2022

You need to call a lawyer. APS thinks you had her get the money for your benefit. They might try and remove her from your care and send charges to a prosecutor. I suggest you call a local criminal law attorney and meet with them. This need to be done before you and or mom meet with them. Also,... Read more »

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1 Answer | Asked in Family Law and Tax Law for Washington on
Q: What can you do if your divorce papers say you can claim your child odd years and your ex disregards this and claims her

His ex is saying it’s whoever filed first gets to claim her but the divorce papers state she gets even years and he gets odd years

Laura Helen Fitzgibbon
Laura Helen Fitzgibbon
answered on Mar 6, 2022

You can bring them in for a contempt hearing for violating the child support order. In your declaration, I’d attach the email or text messages where your ex made these statements. Please reach out if you need representation!

1 Answer | Asked in Family Law and Probate for Washington on
Q: How do I start the process to be the person to make my mother's decisions? She is not mentally able to make decisions.

I am not able to care for her, and she is needing care daily whether it have to be 24/7 or just a person during the day. She has nothing, no home, and did receive SSI until she mentally couldn't remember to do her reviews, paperwork etc they won't allow me to speak for her. She need... Read more »

Renee Louise Roman
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Renee Louise Roman
answered on Feb 26, 2022

In order to make decisions for your mother, you will need to be appointed as her guardian, unless she has an existing power of attorney naming you as her attorney in fact. If she previously executed a power of attorney, you should have this reviewed to see what decisions you are able to make on her... Read more »

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 and Tax Law for Washington on
Q: Can non custiodial claim child on taxes if he didn't pay childcare or medical expenses court ordered too throughout year

In previous order if child support was in arrears he couldn't claim. That was forgotten in new orders. It does state he claims oldest. I have paid all childcare and medical expenses while he refused to follow orders. Support enforcement is garnishing but I have to wait until next year to file... Read more »

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

This all depends on what your child support order states. If the child support order places conditions on claiming the tax benefit, he must meet those conditions.

If there are no conditions, he can claim because the order says he can.

Now, if he owes money, all you need to do is...
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1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Criminal Law and Family Law for Washington on
Q: Constitutionality of No-contact Order barring Pro Se access to Superior Courthouse? Hypothetical situation/timeline.

-Dist.Court signs a no-contact Order restraining "R"espondent from entering "P"etitioner's workplace.

-P. works as a custodian at the Superior Courthouse where P.vs.R.'s Divorcew/child matter is heard.

-Both P.&R. are ProSe litigants.

-P.... Read more »

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

Publicly posting information about your case--such as a confession or description of action--can be used against you in Court. No one should post this level of detail online.

As with all protective orders, the terms of the order must be strictly followed. There were other options such as...
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1 Answer | Asked in Family Law for Washington on
Q: Can a child be taken by mother back home to California if the temporary custody has ended in Washington

But my hearing is tomorrow

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

That is possible if there are no other court orders conflicting with the child going to California.

1 Answer | Asked in Family Law for Washington on
Q: If dad is not listed on the birth cert does he need to be notified a of guardianship petition by maternal grandparents

Children were placed with maternal grandparents and we need to file to keep them until they are 18 or she is able to take them. None of the fathers are named on the birth certificates

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

Yes. You can look at the requirements in RCW 11.130 states all the requirements for a minor guardianship. It makes no difference if the birth certificate is complete or not. You must give notice to both parents.

Now, if you are named the guardian for the minor child, you may also want to...
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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...
Read more »

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 for Washington on
Q: Want to know my rights. I left the home. The mortgage is under my husbands name only. We have a family trust will

set up. We have a lot of equity in the home. Am I losing out on anything by moving out? I’m only taking my personal things and he wants to still live there. I rented an apartment and bought myself new furniture. I want a peaceful separation or divorce. Do I really need to do anything to... Read more »

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

I am sorry to hear that the relationship is not working out.

If you do nothing, you are still on the hook for the mortgage. You are still also in many ways responsible for any other debts such as credit cards your husband gets.

Filing for divorce or legal separation allows you to...
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1 Answer | Asked in Family Law for Washington on
Q: What can I do to get my son, 12, vaccinated for covid? His mother is anti-vax & thinks covid is a hoax & she refuses.

She is the custodial parent but we have 50/50 say regarding major medical decisions. She has stopped me twice now (during my visitation) by contacting every pharmacy in our rural area and complained saying she doesn't consent and now no one will give my son the vaccine stating they dont want... Read more »

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

When two parents disagree about medical decisions, the first step is always to follow the alternate dispute resolution provisions of your parenting plan. This can be mediation, arbitration or counseling.

After you have gone through that process, you would be able to directly to the Court....
Read more »

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...
Read more »

1 Answer | Asked in Family Law for Washington on
Q: What to do if I just hired a lawyer and he has already missed important details I already told him 3 times?

Important things like there's already a parenting plan in place in a parenting plan modification case. He also started our first phone call before fully reading my statement and looking at the evidence i submitted. He doesn't seem like he's really getting it and/or isn't really... Read more »

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

You should always be able to trust your attorney. Have you shared your concerns with him? Is there a plan to improve what is going on? Do you have a method of communication that is reliable?

Have you discussed your budget limits with him? Has he given you anything in writing that helps you...
Read more »

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...
Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Washington on
Q: I have a protection order against me and I'm not allowed to return home.

Am I able to call and have her new bf trespassed from that residence

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

Probably not. But you should contact an attorney to have the protection order addressed to help you get any of your property and ensure that you do not accidentally violate the order.

1 Answer | Asked in Family Law and Immigration Law for Washington on
Q: If I am emancipated in Brasil, will it still apply in the US.

I am not a citizen of the US but I am in the middle of my application for my green card. Just got my biometrics appointment!!

Raymond  Lahoud
Raymond Lahoud
answered on Dec 11, 2021

Thank you for your question. More information is needed to better answer your question. You note that you had your biometrics taken. What was that for?

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.

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