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Washington Child Custody Questions & Answers
0 Answers | Asked in Divorce, Family Law and Child Custody for Washington on
Q: Is the custodial parent supposed to pay for the non custodial parents visitation?

If one parents is court ordered to only have supervised visits, is the custodial parent required to pay for that to happen?

0 Answers | Asked in Family Law, Child Custody and White Collar Crime for Washington on
Q: Paternity established by AOP in Washington state. Signed 1 2 2019.Filed March32019. Can it be changed by another person

Rapist/stalker went to court lied and got default parentage judgment november 2019 and then went for custody and was awarded default judgment. Only way I discovered is that my sister was approached at a store with an envelope with my name on it. She opened it and read all the documents in it found... Read more »

0 Answers | Asked in Family Law and Child Custody for Washington on
Q: If my charges were dismissed can I get my daughter back right away

My husband had a controlled buy done on him while givinge and our daughter a ride to the store we both was arrested and cps took our daughter after 2 months in jail I was released and 3 years of court getting pushed out they finally dismissed all my charges so why haven't I gotten my child... Read more »

0 Answers | Asked in Child Custody for Washington on
Q: My 15 year old daughter wants to live with me but her grandmother has temporary custody

Can she just talk to a judge about what she wants without having to file for custody because of her age? What can I do?

0 Answers | Asked in Child Custody for Washington on
Q: My 15 year old daughter wants to live with me but her grandmother has temporary custody

Can she just talk to a judge about what she wants without having to file for custody because of her age? What can I do?

0 Answers | Asked in Child Custody for Washington on
Q: Student's record information for 2 separate parents. Who has the right to edit the student record?

If both parents have 50/50 custodial rights according to the court order and one parent enrolls a student in a private school, does the other parent have the right to request the school to edit the emergency pickup list and get the student's record (report card)? The other parent was not... Read more »

0 Answers | Asked in Family Law, Adoption and Child Custody for Washington on
Q: My kids got taken away on 7/19/2018, &2 days ago I signed the papers for parental termination, can I still fight forkids

My kids were taken by CPS on July 19th 2019, I was required to do services and complete them and do random UA's cuz I had a drug problem. At that time it was hard for me to even get in to services due to the coronavirus recently started. When I was able to get in to Services I stayed doing... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Washington on
Q: My case got picked up from CPS two days ago I signed the papers to the terminate my parental rights what can I do?

My kids were taken by CPS on July 19th 2019, I was required to do services and complete them and do random UA's cuz I had a drug problem. At that time it was hard for me to even get in to services due to the coronavirus recently started. When I was able to get in to Services I stayed doing... Read more »

Patrick Owen Earl
Patrick Owen Earl
answered on Mar 3, 2023

I am a criminal defense attorney. From what you are talking about you need a dependancy attorney. Good Luck

0 Answers | Asked in Child Custody for Washington on
Q: Does a living on a boat count as a home in a custody battle?

Im in the beginning of a custody battle and live on a boat, should I try to rent an apartment or is a sail boat with bathrooms etc good enough to count as a home

0 Answers | Asked in Divorce and Child Custody for Washington on
Q: How can I find out if my ex wife's boyfriend had ex parte communication with the judge in our case?

If this did happen, it was actually many years ago. Even so, it likely had a serious effect on my relationship with my kids.

1 Answer | Asked in Family Law, Immigration Law, Child Custody and Child Support for Washington on
Q: Wife keeping son in Philippines against my will, didn't let him return with me, can I stop her from taking son again?

When my wife (with a US green card) eventually returns with my son (Who is a US citizen) to America, can I prevent her from taking him back to the Philippines and keeping him there against my will again?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

In some cases a custodial parent has a primary decision making ability with respect to the minor's whereabouts.

For instance, if the second parent lost or never obtained an ability for shared parental responsibilities then one may not prevent a legally custodial parent from traveling...
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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 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 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, 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 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: 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 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 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.

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