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Washington Family Law Questions & Answers
2 Answers | Asked in Divorce, Family Law, Immigration Law and International Law for Washington on
Q: I recently got divorced in Costa Rica. I live in the United States and hired a lawyer in Costa Rica to represent me.

My lawyer is asking me if I want an official English translation of my divorce decree from the “Casa Amarilla” that would include an apostille. He said in order for the decree to be used or recognized in the United States, it must have the apostille. I called a lawyers office here in Washington... View More

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Oct 18, 2024

Both the U.S. and Costa Rica are signatories of the 1961 Hague Convention which abolished the requirement that U.S. consular officers authenticate Costa Rican civil documents for use in the United States. The Convention became effective in Costa Rica in 2011.

The Government of Costa Rica...
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1 Answer | Asked in Civil Rights, Criminal Law, Divorce and Family Law for Washington on
Q: Can a police report be cancelled/removed? What are the report implications if no crime was committed?

During a heated verbal argument between a married couple, the wife called the police and filed a report. She reported that it was a 'verbal argument' and she is not injured nor did it get physical. The husband had already left by then. She indicated that she was okay that he had left (to... View More

James L. Arrasmith
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answered on Oct 17, 2024

In this situation, it doesn’t seem like a crime was committed since there was no physical violence or verbal threats involved. The police likely filed a report to document the argument, but whether any charges are brought depends on the prosecutor’s review of the details. If there is no... View More

0 Answers | Asked in Family Law and Elder Law for Washington on
Q: In cases where there are a group of family cemetery plots (12) bought by an ancestor (1915) what order of succession is

observed. Is it death order, or something else? If a deed holders wife ( not blood related) inherited the deed to the plot, do they have the right to tell full blood relatives( their dead spouse's siblings) that they do not have the right to be buried there, in cases where there are several... View More

0 Answers | Asked in Family Law for Washington on
Q: I'm currently separated, but not legally, but I need to get a car for work. Can I buy a car now or is it a bad idea?

My wife and I are separated, but not legally. We've been separated/living apart since January 24', after deciding to separate in Aug 23'. We own a home together where our daughter lives. We've always kept a common "house" account where 50-60% of our monthly income goes... View More

0 Answers | Asked in Family Law for Washington on
Q: If a non biological parent loses the guardianship can they then file for parentage and get custody?

My daughter separated from her ex in June of 2023. She has 2 children one is his and one is not. He tried to get guardianship and lost. He then filed for non parent parentage and the judge gave her back to him. I thought RCW 26.10 was repealed so how is this legal? They are also saying they are... View More

1 Answer | Asked in Divorce and Family Law for Washington on
Q: If my ex wife won our divorce by default how can I get a fair judgement

She said the agreement was for her to stay in the house until the youngest child was 18 and then we would sell the house and split the profit, but she awarded the house to herself as her own separate property and made me responsible for paying the mortgage

Diane Renee Broderson
Diane Renee Broderson
answered on Oct 25, 2024

There are multiple factors that can impact the answer to your question, including how long ago the final documents were entered and the reasons for not responding. Depending on these factors, you may have options to vacate the final orders and seek new ones. I would recommend finding an attorney in... View More

1 Answer | Asked in Child Custody and Family Law for Washington on
Q: In regards to the Washington State Child Relocation Act. Moving out of district.

My child goes to school in a different city from where they reside with me.  This all is in the same county. They go to school in Bellingham, and we live out of district. Do I need to file my intent to relocate, as we are moving cities even though my child will continue to attend the same school.... View More

Diane Renee Broderson
Diane Renee Broderson
answered on Oct 25, 2024

Notification requirements for a relocation depend on your home’s location, not the children’s school district. If you’re moving from a home in one school district to a home in a different district, you’ll need to follow the relocation rules for changing districts.

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Libel & Slander for Washington on
Q: My ex is using coercive control and harassing me by reporting false claims to cps and got my kid taken

He doesn’t want to pay TANF his sadistic mother is guiding him he’s made cps believe I’m a drug crazy lunatic yet I was only protecting my son from him. My PO Idea for including my son on it fell through.. because of the pending dependency.. I’ve been researching and haven’t found any... View More

James L. Arrasmith
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answered on Sep 22, 2024

It sounds like you're in a difficult and unfair situation. If you're considering terminating the state's guardianship and submitting a petition, it might help to provide all of the evidence you’ve gathered, including proof of CPS’s misinformation about the court time. This could... View More

1 Answer | Asked in Civil Rights, Family Law, Juvenile Law and Native American Law for Washington on
Q: Never finding of found 19-0 past intakes same cps office closed out successfully 19x Police testified No pick up order

Do I just file everything I can to fight cps in court? I only communicate by email or txt. This dependency has gone on over 6yrs. The court has failed to make written findings on the record at any of the 6mo review hearings the 6th month review hearings all get continued to be set special set,... View More

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you've been through a long and exhausting journey with the court and CPS. When dealing with such a complicated case that involves your family, especially when it has gone on for years and involves issues like the ICWA, it's important to gather every piece of evidence that... View More

2 Answers | Asked in Criminal Law, Family Law, Domestic Violence and Legal Malpractice for Washington on
Q: The original attorney of the opposing party died, and with her went case records.

The original attorney of the opposing party died. The opposing party told the court that they could not get the original records with her death and her office having shuttered. Access to these records are critical. What are my options?

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2024

It could depend on tech-savvy the office was and what arrangements the attorney may have made for back-up records. If the records only existed in original paper form, and they're gone, it could be difficult. When you say "original" attorney, does that suggest a succeeding attorney?... View More

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1 Answer | Asked in Family Law and Probate for Washington on
Q: I would like the process of filing an Ancillary Probate/TERDA in Washington State and possible scenarios.

I am trying to find out what COULD happen if I file in Washington. Thank you for your time.

Janta Steele
Janta Steele
answered on Sep 6, 2024

Good morning!

An ancillary probate in Washington is usually needed if the deceased lived in another state and owned property in his or her name in Washington state. A TEDRA action allows you enforce your rights when it comes to a Washington trust, estate, or probate.

Can you...
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2 Answers | Asked in Divorce, Family Law, Immigration Law and International Law for Washington on
Q: How can I find a lawyer knowledgable in United States and Costa Rican law? Is there a website I can use? I need…

to speak to someone about the enforcement of alimony orders between these countries.

James L. Arrasmith
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answered on Sep 2, 2024

To find a lawyer familiar with both United States and Costa Rican law, you can start by looking at legal directories that list attorneys with expertise in international family law. Websites like Martindale-Hubbell, Avvo, or the American Bar Association’s lawyer referral directory are good places... View More

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1 Answer | Asked in Divorce, Family Law, Immigration Law and International Law for Washington on
Q: My wife is a Costa Rican national and has permanent residency in the United States which she obtained through…

our marriage. However she moved back to Costa Rica a year ago and doesnt plan to return. I am a United States citizen. We have been married 5 years and got married in Costa Rica. We are currently getting divorced in Costa Rica, I signed power of attorney to a lawyer there. She is asking for $2000... View More

James L. Arrasmith
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answered on Aug 31, 2024

Enforcing an alimony order from Costa Rica in Washington State can be complicated but not impossible. Your wife would need to go through the legal process of domesticating the foreign divorce decree in the U.S., which typically involves proving that the Costa Rican court had proper jurisdiction and... View More

1 Answer | Asked in Estate Planning, Probate and Family Law for Washington on
Q: Still have to file with probate?

Mom died, Old will (1998) no property, has small debt, possibly a business

Anthony M. Avery
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answered on Aug 23, 2024

Consult with a WA attorney. But it sounds like there is nothing to Probate.

1 Answer | Asked in Divorce, Family Law, Civil Rights and Domestic Violence for Washington on
Q: How do I request an administrative review of my cases in Superior Court, in Thurston County, WA?

I am seeking guidance on the possibility of requesting an administrative review of my cases in Thurston County. This involves a DV and Dissolution thesis, and it is in the Family and Juvenile Court section of the Superior Court. Could you please advise if this option is available to me and, if so,... View More

James L. Arrasmith
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answered on Jul 27, 2024

To request an administrative review of your cases in the Superior Court, Family and Juvenile Court section in Thurston County, you need to follow a specific process. First, check if your cases qualify for administrative review by consulting the local court rules or speaking with the court clerk.... View More

1 Answer | Asked in Family Law, Child Support, Gov & Administrative Law and Social Security for Washington on
Q: What the procedure for obtaining a copy of a court order issued from washington state child support agency I'm my child

I'm trying to find the process to obtain a copy of the court order that was given to garnish my social security for child support arrears.

What forms do I need.

I'm retired and on social security how do I and what forms do I need to file to stop the garnishment of my... View More

James L. Arrasmith
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answered on May 27, 2024

To obtain a copy of the court order issued by the Washington State Child Support Agency, you should contact the Washington State Division of Child Support (DCS). You can request the court order and your complete financial history from them. It's best to do this in writing, providing your case... View More

1 Answer | Asked in Family Law, Child Support and Social Security for Washington on
Q: Hello, I'm a 62 on social security and being garnished $600 out of $1001for child support arrears need stopped

My ex is remarried my girls are grown 33 and 31 and the youngest is married I can't live in $400 per month it's my only income this case is out of Washington State child support Pierce county is there someone that anyone can recommend to look at my case that does probono I have paperwork... View More

James L. Arrasmith
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answered on May 17, 2024

I'm so sorry to hear about the difficult situation you're in with the child support arrears and garnishment leaving you with very little to live on each month. It sounds extremely stressful and frustrating, especially since your children are now adults.

Here are a few suggestions...
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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 Family Law for Washington on
Q: When serving a notice of revocation of Power of Attorney for Finances is it necessary to have it notarized??

It is my sister and niece.

James L. Arrasmith
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answered on Mar 5, 2024

In most cases, a notice of revocation of Power of Attorney for Finances does not need to be notarized. However, it is generally a good idea to have the revocation notarized to add an extra layer of authenticity and to avoid potential challenges to the validity of the revocation.

When...
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