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Washington Child Custody Questions & Answers
0 Answers | Asked in Child Custody for Washington on
Q: Can I sue my ex-wife for custody of my daughter

I have been taking care of my daughter for quite a while now after my ex wife sent her to live with me. It’s been about a year now and she hasn’t given me anything to help care for our daughter

0 Answers | Asked in Child Custody, Divorce and Family Law for Washington on
Q: Can I get full custody of my kids?

My husband has been verbally abusive but last night escalated. He yelled at my eight year old son and squeezed his head with both hands while yelling in is face. My son is rightfully upset and scared. My husband also told me he wanted to hit him but did not. He told me he is not meant to have kids... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Washington on
Q: Attorney and social worker are keeping all positive I do from judge for CPS case(safetyplan, visit note..) what to do?

Social worker & my attorney have lied to me. For three years I ask for all documents to CPS case (discovery, visit notes, everything) they kept all from me for three years with me asking over over so I can defend my self and know what's going on. My lawyer gave me a USB drive in them mail... View More

James L. Arrasmith
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answered on Apr 12, 2024

I'm so sorry you're going through this difficult and frustrating situation with CPS, your attorney, and the social worker. It sounds like a very challenging and unfair process. Here are a few suggestions on potential steps you could take:

1. Document everything - Keep detailed...
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1 Answer | Asked in Divorce, Child Custody and Family Law for Washington on
Q: I’m in the process of filing for divorce in Snohomish County, nothing is final yet. I have to move back to Minnesota

We have a minor child and it was agreed that I would have custody. But now my ex is saying she doesn’t want me to just up and leave. She is now stationed in San Diego, Ca. Are we legally required to stay here in Washington?

T. Augustus Claus
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answered on Feb 7, 2024

In Washington, if you are in the process of divorce and plan to move with a minor child, especially out of state, it's essential to consider both the legal implications and the custody arrangements agreed upon or ordered by the court. Since nothing is final yet, and given your ex's... View More

1 Answer | Asked in Child Custody and Family Law for Washington on
Q: If someone serves papers to your grandma that are for you, have you been served?

You’re in a custody battle and a person serves your grandma your custody paperwork but you’re not there, does that still count as being served?

James L. Arrasmith
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answered on Dec 31, 2023

In Washington State, the rules for serving legal papers can vary depending on the specifics of the case and the type of documents being served. Generally, for service to be considered valid, it must be made directly to the person named in the documents or to someone who is legally authorized to... View More

1 Answer | Asked in Child Custody and Family Law for Washington on
Q: Single mother trying to get sole custody

I’m a single mother to a 4 year old boy, I’ve been his primary caregiver since he was born, I take care of everything, his dad does pay child support but has subsistence abuse issues. He has 2 DUIs and has jail time coming up, his mom also has substance abuse issues and I’m concerned for the... View More

T. Augustus Claus
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answered on Dec 27, 2023

In Washington, as a single mother seeking sole custody, you have valid concerns about the safety of your 4-year-old son due to the father's substance abuse issues, two DUIs, and upcoming jail time, along with the grandmother's similar issues. To strengthen your case for sole custody,... View More

1 Answer | Asked in Child Custody and Family Law for Washington on
Q: My ex just got remarried. Now she thinks she can get full custody of our daughter and have a family. Is that true?
James L. Arrasmith
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answered on Nov 13, 2023

In Washington state, your ex's remarriage alone is not typically a sufficient reason to alter custody arrangements. Child custody decisions are based on the best interests of the child, not the marital status of the parents. If there is an existing custody agreement or court order, it remains... View More

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Washington on
Q: My friend is looking for an attorney regarding child custody (he has a 5 year old daughter) from the mother.

She's into prostitution and the judge today granted him more custody and even called the mother crazy in the courtroom. She's off her rocker and into all sorts of stuff and is using the 5 year old as a weapon against my friend.

We need to know the type of lawyer in Klickitat... View More

Cristine Beckwith
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Cristine Beckwith
answered on Sep 15, 2023

Sorry to hear. You would want to look for a family law attorney.

1 Answer | Asked in Family Law and Child Custody for Washington on
Q: How can I get a temporary order to stop the mother of my son from taking him from me and moving across the state?
T. Augustus Claus
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answered on Aug 18, 2023

If you're concerned about the mother of your son taking him across the state and want to prevent this, you can take legal action in Washington. You might consider filing for a temporary restraining order or preliminary injunction to temporarily prevent her from relocating with the child.

1 Answer | Asked in Child Custody, Child Support and Family Law for Washington on
Q: How can I establish a relationship with my biological child?

I recently discovered through a DNA test that I am the biological father of my ex-lover's 10-year-old child. Her husband passed away last year. He was listed on the child's birth certificate, and I was told by her that the child was his. Is there any way for me to establish paternity and... View More

T. Augustus Claus
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answered on Jul 3, 2023

If you have reason to believe you are the biological father of a child and wish to establish paternity and have a relationship with the child, there are legal steps you can take. If the results show a biological connection, you can seek legal recognition as the child's father through court... View 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... View 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

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... View 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... View 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... View 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... View 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... View 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...
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