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Washington Family Law Questions & Answers
0 Answers | Asked in Estate Planning and Family Law for Washington on
Q: Can I change guardians in my will myself without hiring a lawyer?

I would like to change the designated guardians for my children in my will, as recent concerns with our current appointed guardians have motivated us to select others, with whom we've already communicated our intentions. We previously designated guardians in our will and have no other... View More

0 Answers | Asked in Divorce, Business Law, Tax Law and Family Law for Washington on
Q: Are pre-marriage investments separate property in WA divorce?

I am currently married in Washington State, which is a community property state. I would like to know if stocks, mutual funds, and 401(k)s that I held before marriage remain my separate property. I have no prenuptial agreement, and although some investments have changed in value, all dividends... View More

0 Answers | Asked in Child Support and Family Law for Washington on
Q: When do child support payments stop if child is 18 and graduating in Washington?

I have a parenting plan in Washington that states child support ends when the child turns 18 or graduates from high school, whichever is later. My child is 18 and graduating in June. There haven't been any changes to the agreement since it was established, and there's no mention of... View More

1 Answer | Asked in Family Law, Domestic Violence and Gov & Administrative Law for Washington on
Q: How to gain guardianship of non-biological son in WA?

I want to gain guardianship of my non-biological son, who was put under guardianship in Lewis County, WA. There's an existing guardianship case in Cowlitz County involving him and my biological son; their grandmother was the guardian until she passed away two years ago. This guardianship was... View More

James L. Arrasmith
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answered on Apr 13, 2025

To begin the process of gaining guardianship of your non-biological son in Washington, you’ll first need to address the existing guardianship case in Cowlitz County. Since the guardianship was never formally transferred or terminated after the grandmother passed away, you'll likely need to... View More

1 Answer | Asked in Divorce and Family Law for Washington on
Q: Is my final divorce decree considered mutual consent in Washington State?

I applied for a mutual consent divorce in Washington State, with both parties initially consenting and signing. The final documents were sent to the respondent on January 10, with a usual response time of 17 days, but the respondent didn't sign or withdraw. The judge issued the final decree on... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Washington State, a mutual consent divorce generally requires both parties to agree to the terms and formally sign off on the documents. If your spouse did not sign the divorce papers or withdraw from the process within the expected time frame, it could technically change the nature of the... View More

1 Answer | Asked in Divorce and Family Law for Washington on
Q: Can a divorce be paused in Washington if both parties want to reconcile?

My husband filed for divorce in Washington State two days ago. Yesterday, he mentioned that his lawyer put the divorce on pause because we both want to reconcile. I have not received any legal documentation about this pause. Can a divorce filing actually be paused under these circumstances, and... View More

James L. Arrasmith
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answered on Apr 11, 2025

Yes, in Washington State, it's possible to pause or even dismiss a divorce proceeding if both parties are considering reconciliation. Since your husband filed the petition just two days ago, you're still early in the process, and there are options available to you.

If your...
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1 Answer | Asked in Education Law, Health Care Law and Family Law for Washington on
Q: Legal steps to access daughter's medical records in WA

I live in Washington State and have a daughter with multiple diagnosed disabilities: dyslexia, language processing disorder, impaired working memory, and difficulty processing information. She recently turned 13, and I was denied access to her medical records by her doctor, due to her age. Although... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Washington State, parents typically have the right to access their child's medical records until the child turns 14. However, this can be complicated if the child is deemed mature enough to make their own decisions, or if there are concerns about their ability to understand medical... View More

1 Answer | Asked in Family Law, Gov & Administrative Law and Juvenile Law for Washington on
Q: CPS removed child due to abuse allegations, no contact yet. Next steps?

CPS removed my child from my home due to abuse allegations, but they haven't contacted me directly. I was informed by law enforcement during school hours. I have not received any documents from CPS or law enforcement, only a call with a case number. I've had previous interactions with CPS... View More

James L. Arrasmith
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answered on Apr 13, 2025

The first step is to contact CPS directly to request more information about the removal of your child and the specific allegations. You should ask for details about the case, including why your child was removed, and make sure to get the correct contact information for the caseworker assigned to... View More

1 Answer | Asked in Divorce, Family Law and Contracts for Washington on
Q: Is an email stating separation of finances valid as the separation date in a WA divorce?

In my divorce case in Washington State, I sent an email to my wife in March 2023 stating that any earnings from that point forward would be considered separate property. We have a verbal agreement and have been living separately in the same home, although there's been no written reply from... View More

James L. Arrasmith
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answered on Apr 11, 2025

It sounds like you're handling a tough situation with care, and you’ve already taken an important step by clearly stating your intent to separate finances. In Washington, the date of separation isn't always tied to physically living apart—it can be based on clear actions and... View More

1 Answer | Asked in Family Law for Washington on
Q: How can I establish paternity for an adult son living in another state?

I recently discovered that I may possibly be the father of an adult son I never knew about. He lives in California, while I reside in Washington State. I want to determine if he is indeed my son, but I am currently unemployed and cannot afford to pay for a paternity test. How should I proceed with... View More

James L. Arrasmith
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answered on Apr 13, 2025

To establish paternity for your adult son, the first step is to reach out to him and discuss the situation, if possible. Since he is an adult, he would need to agree to take a paternity test. If he is open to this, you can then arrange for the test, which may be done through a legal or private... View More

1 Answer | Asked in Divorce, Contracts and Family Law for Washington on
Q: Is a marital agreement email legally binding in WA divorce?

I sent an email to my wife in March 2023 stating that from that date forward, what she earns is hers and what I earn is mine, while anything before that date would be split 50-50. We agreed to these terms but did not formally confirm them, although we used this date to withdraw money from our bank... View More

James L. Arrasmith
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answered on Apr 11, 2025

It sounds like you’ve tried to handle things thoughtfully and fairly, which counts for a lot during a divorce. In Washington, which is a community property state, any assets or debts acquired during the marriage are generally split equally unless there’s a legally binding agreement stating... View More

1 Answer | Asked in Family Law for Washington on
Q: My girlfriends mom is trying to kick her out even though she’s a high school student

I don’t think her mom signed any legal eviction papers yet and she already told her mom her plans for the weekend, her mom agreed and when the plans were being played out her mom got mad saying that she should’ve been home at 6pm in general on Sunday but she already agreed to the plans my... View More

James L. Arrasmith
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answered on Apr 13, 2025

In this situation, your girlfriend’s mother cannot legally force her to leave without going through proper legal channels, especially since she is still a minor and a high school student. A simple text message or verbal notice does not constitute a legal eviction, and eviction typically requires... View More

1 Answer | Asked in Child Support and Family Law for Washington on
Q: Child support obligations for 16-year-old in alternative school in WA.

I am currently in the process of establishing paternity for my 16-year-old child in Washington State. She is attending an alternative school working towards her GED and has passed one of the GED tests. Her teacher plans to help her obtain her high school diploma. Will the noncustodial parent be... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Washington State, child support obligations generally continue until the child turns 18 or graduates from high school, whichever comes later. Since your child is still working toward her high school diploma, even through an alternative school, the noncustodial parent would likely remain... View More

1 Answer | Asked in Child Custody and Family Law for Washington on
Q: How can I object to a parenting plan relocation from WA to Utah?

I want to object to the relocation and modification of a parenting plan proposed by the other parent. The relocation involves moving from Washington to Utah, and I have 20 days to respond. I am currently working with a PLLC in Washington, but I have been told that an attorney is necessary to... View More

James L. Arrasmith
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answered on Apr 13, 2025

To object to the proposed relocation from Washington to Utah, you must file a formal objection with the court within the 20-day deadline. Even if you’re working with a PLLC, you do not need an attorney to file the objection yourself—you can submit the paperwork pro se (on your own). The key is... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Washington on
Q: Will I regain custody after rights termination or pay child support?

I had my parental rights terminated for a year due to convincing evidence of abuse and neglect. My ex is likely pursuing full custody. I've been completing court-ordered counseling. What are the chances that I'll receive part-time custody, or is it more likely that my parental rights will... View More

Mat Cleary
Mat Cleary
answered on Mar 19, 2025

Completing the course alone is not enough to answer your question. The court will consider various factors when it comes to custody, like your living situation, ability to care for the child, drug/alcohol use history, etc. And you will likely be required to pay support either way.

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1 Answer | Asked in Family Law and Gov & Administrative Law for Washington on
Q: Must all relatives attend a guardianship show cause hearing in WA?

In a show cause hearing regarding guardianship, does every member related to the parties need to attend court? My mom is the current guardian of my 21-year-old disabled brother. She received documents notifying her of a court hearing because someone filed a motion to remove her guardianship, citing... View More

James L. Arrasmith
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answered on Apr 13, 2025

In a guardianship show cause hearing, not every relative is required to attend unless they are directly involved in the case or have been specifically ordered to attend. Since the letter only specifies that your mother, as the current guardian, needs to attend, you are not necessarily required to... View More

1 Answer | Asked in Probate and Family Law for Washington on
Q: Does a grandson qualify as heir in WA probate case without a will?

My mother's estate in Washington is being handled through probate without a will. She had seven children, two of whom, including my brother, passed away before her. My brother has a child, who is my mother's grandson. Does he qualify as an heir and receive my deceased brother's share... View More

Janta Steele
Janta Steele
answered on Mar 11, 2025

Yes, if your mother's estate is being probated without a will and any of her children passed away before her but leaving their own children (i.e. if your brother died before your mother but had kids), then any grandchild by a pre-deceased child inherits under RCW 11.04.015(2)(a).

A...
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1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Washington on
Q: How do we change the guardian for a vulnerable adult facing mistreatment under current guardianship in WA?

I am the uncle of a vulnerable adult whose mother recently passed away. His brother established guardianship and conservatorship and has placed protection orders on anyone trying to assist my nephew. There have been patterns of mistreatment, documented by my temporary guardianship and a protection... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds incredibly difficult, and I understand your concern for your nephew's wellbeing. In Washington state, to challenge an existing guardianship, you'll need to file a Petition for Modification or Termination of Guardianship with the superior court in the county where the... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Washington on
Q: Do I need my mother's consent to live with my father in a different state?

I am a 16-year-old minor living in Washington with a family friend for about six months after being removed from my mother's household due to domestic violence concerns. There were no legal or custody agreements made regarding my current living situation. I want to move to a different state to... View More

David Lutz
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David Lutz
answered on Feb 26, 2025

As a minor whose mother has legal rights over you, you are not free to live wherever you choose. Understanding you have been living with a friend for six-months, either your mother agrees or is not objecting to your living situation. It is possible that, if you were to move to live with your father... View More

1 Answer | Asked in Immigration Law and Family Law for Washington on
Q: Can I apply for a waiver to joint I-751 filing or other options after USCIS mistake?

I have been married to my husband for 10 years, and we have a 7-year-old daughter together. Despite our rocky times, we live together and can demonstrate the legitimacy of our marriage through photos, joint leases, and other documentation. We married abroad while my husband had a green card, and I... View More

James L. Arrasmith
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answered on Feb 19, 2025

You have a complex situation that deserves careful consideration, given USCIS's administrative error and your husband's unwillingness to cooperate with the I-751 filing.

Based on your circumstances, you may be eligible for an I-751 waiver since you've been married for 10...
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