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Washington Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law and Immigration Law for Washington on
Q: If a legal permanent resident of the United States who is married to a US citizen moves out of the country…

and divorces their spouse, stays out of the country for several years, then meets another US citizen and moves back to the United States, can they still sue their previous spouse for maintenance based on the affidavit of support?

James L. Arrasmith
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answered on Dec 10, 2023

If a legal permanent resident (LPR) of the United States, who was married to a U.S. citizen, moves out of the country, divorces, and then returns to the U.S. with another U.S. citizen spouse, the issue of maintenance based on the affidavit of support from the first marriage can be complex.... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Washington on
Q: If a permanent resident of the United States moves to their country of origin permanently and divorces their US citizen

…spouse, are they entitled to maintenance from the affidavit of support that their spouse signed? I read the affidavit is no longer enforceable if the permanent resident leaves the USA. But what if they don’t formally abandon their residency? Can they still sue their spouse and demand monthly... View More

Roland Godfrey Ottley
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answered on Dec 9, 2023

A permanent resident married to a US citizen must notify USCIS when moving out permanently.

If they don't plan to return, formal abandonment through Form I-407 is necessary.

The I-864 affidavit becomes invalid upon permanent departure, regardless of formal abandonment....
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1 Answer | Asked in Divorce, Immigration Law and Family Law for Washington on
Q: I have a couple questions I was wondering if you could help with:

1- If a legal permanent resident of the United States who is married to a US citizen moves out of the country permanently do they need to notify USCIS? And do they need to abandon their residency if they do not plan to return? Also, if they don’t notify USCIS, should their spouse do it, and could... View More

Roland Godfrey Ottley
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answered on Dec 9, 2023

A permanent resident married to a US citizen must notify USCIS when moving out permanently.

If they don't plan to return, formal abandonment through Form I-407 is necessary.

The I-864 affidavit becomes invalid upon permanent departure, regardless of formal abandonment....
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1 Answer | Asked in Family Law, Estate Planning and Probate for Washington on
Q: In WA State does a beneficiary have the legal right to a copy of the will of the deceased person they’re named in?
Anthony M. Avery
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answered on Nov 21, 2023

If the will is filed for Probate, then get a copy at the Probate Court. If the will is not filed for Probate then it has no effect.

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 Family Law, Civil Rights and Juvenile Law for Washington on
Q: If I am 17 and I live with my sister, and neither of my parents have a permanent residence, can I choose where I live?
James L. Arrasmith
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answered on Nov 12, 2023

In Washington State, if you are 17 and living with your sister because neither of your parents have a permanent residence, your ability to choose where you live may depend on several factors. Generally, until you turn 18, your parents or legal guardians have the authority to decide where you live.... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Washington on
Q: Lawyer won't respond to questions I asked takes a really long time to communicate like not until Court day okay or not?

So he States that my constitutional right to Due Process was violated and that the judge was extremely biased against me and he put in a motion to dismiss and suppress all evidence so it seems like he's doing a good job my lawyers before him lied to me about everything the part where he said... View More

James L. Arrasmith
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answered on Nov 5, 2023

If your attorney is not responding promptly and you feel this is impacting your right to a fair legal process, it's important to address the issue directly. Effective communication is a critical component of legal representation, and your attorney should keep you informed and involved in your... View More

1 Answer | Asked in Family Law for Washington on
Q: I am in California, responding to a family law case in Whatcom superior court . Trying to have it vacated
T. Augustus Claus
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answered on Sep 29, 2023

To have a case vacated, you would typically need to show good cause, such as a lack of jurisdiction or improper service. File a motion to vacate with supporting affidavits detailing your reasons.

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 Contracts for Washington on
Q: my brother sold my parents house and promised me an amount of money from the sale and I have it on text and doesn’t

Give me anything can I do anything

T. Augustus Claus
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answered on Sep 4, 2023

If you have evidence in the form of text messages or written communication where your brother promised you a specific amount from the sale of your parents' house, you may have a basis for pursuing legal action to enforce that agreement. Depending on the circumstances, you might explore options... View More

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.

2 Answers | Asked in Family Law and Military Law for Washington on
Q: How far from base can you live? My ex is stationed at JBLM WA and "moved" to Michigan.

Is this legal for him to be active duty and live across the country?

LTC (Ret) Sean F. Mangan
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answered on Aug 17, 2023

Several things govern where a service member may reside. Local policies will dictate how far from the installation an individual can be. These "local pass" rules effectively set a distance limit that service members must stay within and must seek approval (a "mileage pass") if... View More

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1 Answer | Asked in Divorce, Military Law and Family Law for Washington on
Q: I been married for 19yrs and have been a Military stay at home mom and my husband is decided he doesn’t want me anymore

He has been in the military for for almost 19yrs and I have been by his side all these years and he says he only has to pay child support and I get nothing from him. I need help!

LTC (Ret) Sean F. Mangan
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answered on Jul 21, 2023

You are absolutely entitled to more than just child support. Your military spouse is likely going to receive a military pension, which is a considered to visible property, and you will be entitled to a portion of that property in the divorce process as you would any other piece of property such as... View More

1 Answer | Asked in Family Law for Washington on
Q: Does a vulnerable adult with a legal guardian need permission from said legal guardian to relocate to another county?

In Washington State.

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

Under Washington State law, whether a vulnerable adult with a legal guardian can relocate to another county without permission from their guardian generally depends on the specific details of the guardianship arrangement, the degree of the adult's vulnerability, and any court orders that might... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Native American Law for Washington on
Q: Can I stop an out of state move of MY 2 Children from Washington State to Wyoming?Like an emergency hearing to stop move

MY 2 Children are under ICWA.

MY position is that the dept dcyf/cps failed at doing their part and same w the tribe they have both lost the opportunity 2 do their job. The tribe, well the tribe reps failed at representing their tribe member by not supporting MY Children the entire... View More

James L. Arrasmith
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answered on Jul 28, 2023

If you wish to stop the out-of-state move of your two children from Washington to Wyoming, you should immediately consult with an attorney in Washington who is familiar with child custody and ICWA (Indian Child Welfare Act) matters. An attorney can help you assess the situation, determine if an... View More

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 Estate Planning, Family Law and Probate for Washington on
Q: What constitutes a insolvent estate? My father passed away leaving his property to with a attached mortgage.

He also left a life insurance to me that was to go to pay off mortgage. The Life insurance claim was denied. He has a large amount of money in bank acct he left to another family member. Can that money be used to help payoff mortgage?

Brent Bowden
Brent Bowden
answered on May 4, 2023

An insolvent estate is an estate where the debts exceed the assets. In other words, the estate is not going to have the ability to pay all of its creditors.

The question of whether money left to a specific beneficiary can be used to pay the debts of the estate (like the mortgage) is...
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2 Answers | Asked in Family Law, Domestic Violence and Landlord - Tenant for Washington on
Q: Where can I find a pro bono lawyer for a power of attorney

I'm the power of attorney for my dad but my mom keeps putting protection orders against me so I'll stop me from seeing my dad and I need legal advice about me being a power of attorney and what can I do my mom's trying to sell his house and put him in a home and he wants to die in... View More

John Michael Frick
John Michael Frick
answered on Apr 7, 2023

The Washington State Bar Association provides the following resources for pro bono and low-cost legal assistance for its indigent population:

https://www.wsba.org/for-the-public/find-legal-help

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1 Answer | Asked in Family Law, Real Estate Law and Civil Rights for Washington on
Q: My daughter and I own home 50/50 it's paid off. She just moved back in, away for 15 yrs.Can she remove all my things?

No notice. I've lived here 30 yrs. She thinks that violating me is her rite. The house needs to be cleaned but we can do it together.What are the laws with sailing a home wear a mentally disabled person has lived their whole life. Does that person have any rights?

Anthony M. Avery
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answered on Mar 24, 2023

You may want to file an Action for a Sale For Partition.

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