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Washington Family Law Questions & Answers
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 for Washington on
Q: What to do if I just hired a lawyer and he has already missed important details I already told him 3 times?

Important things like there's already a parenting plan in place in a parenting plan modification case. He also started our first phone call before fully reading my statement and looking at the evidence i submitted. He doesn't seem like he's really getting it and/or isn't really... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

You should always be able to trust your attorney. Have you shared your concerns with him? Is there a plan to improve what is going on? Do you have a method of communication that is reliable?

Have you discussed your budget limits with him? Has he given you anything in writing that helps you...
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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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1 Answer | Asked in Criminal Law, Divorce and Family Law for Washington on
Q: I have a protection order against me and I'm not allowed to return home.

Am I able to call and have her new bf trespassed from that residence

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

Probably not. But you should contact an attorney to have the protection order addressed to help you get any of your property and ensure that you do not accidentally violate the order.

1 Answer | Asked in Family Law for Washington on
Q: What can I do to get my son, 12, vaccinated for covid? His mother is anti-vax & thinks covid is a hoax & she refuses.

She is the custodial parent but we have 50/50 say regarding major medical decisions. She has stopped me twice now (during my visitation) by contacting every pharmacy in our rural area and complained saying she doesn't consent and now no one will give my son the vaccine stating they dont want... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

When two parents disagree about medical decisions, the first step is always to follow the alternate dispute resolution provisions of your parenting plan. This can be mediation, arbitration or counseling.

After you have gone through that process, you would be able to directly to the Court....
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1 Answer | Asked in Family Law for Washington on
Q: Want to know my rights. I left the home. The mortgage is under my husbands name only. We have a family trust will

set up. We have a lot of equity in the home. Am I losing out on anything by moving out? I’m only taking my personal things and he wants to still live there. I rented an apartment and bought myself new furniture. I want a peaceful separation or divorce. Do I really need to do anything to... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

I am sorry to hear that the relationship is not working out.

If you do nothing, you are still on the hook for the mortgage. You are still also in many ways responsible for any other debts such as credit cards your husband gets.

Filing for divorce or legal separation allows you to...
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1 Answer | Asked in Family Law and Immigration Law for Washington on
Q: If I am emancipated in Brasil, will it still apply in the US.

I am not a citizen of the US but I am in the middle of my application for my green card. Just got my biometrics appointment!!

Raymond  Lahoud
Raymond Lahoud
answered on Dec 11, 2021

Thank you for your question. More information is needed to better answer your question. You note that you had your biometrics taken. What was that for?

1 Answer | Asked in Family Law and Arbitration / Mediation Law for Washington on
Q: 5 yr relationship. He cheated & kicked me out. No money but many woman hours into the place heard he bought for me.

Can this fall under the division of a close intimate relationship? If so, is there an attorney willing to help me? I was left homeless and broke on lni. He hired an attorney and fabricated a lie to have me removed. I spent many hours over the past 5 years working on the property we lived in and the... View More

Stacie Lynn Naczelnik
Stacie Lynn Naczelnik
answered on Oct 15, 2021

It might, but you should probably consult with an attorney who can advise you on whether your circumstances meet the requirements for a Committed Intimate Relationship in WA.

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... View 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 Domestic Violence for Washington on
Q: Define "change in circumstance" in the context of a Washington state protection order
Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 9, 2021

There are many different types of protection orders under Washington law so it is difficult to answer your question. Generally, any order, including a protection order or no contact order, can be modified by the same court that issued the original order if there is good cause. For example, a court... View More

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.

1 Answer | Asked in Family Law for Washington on
Q: Is it true then when someone turns 18, are still in high school and has divorced parents….

They have no other choice but to live with either one of the parents till they graduate?

Stacie Lynn Naczelnik
Stacie Lynn Naczelnik
answered on Sep 9, 2021

The age of majority in WA is 18. This means that the parenting plan no longer applies once someone turns 18. There may be other benefits to remaining in a parent's home while still in school, so this person should probably take some time to think out all of the pros and cons of moving out at... View More

1 Answer | Asked in Family Law and Child Support for Washington on
Q: Child support enforcement is saying i was over paid receiving support for my 18 yr old but he was still in highschool
Stacie Lynn Naczelnik
Stacie Lynn Naczelnik
answered on Sep 9, 2021

I don't see a question here, but you should look at the end date on your order of child support to see whether it ends when your child turned 18 or when your child graduates from high school.

1 Answer | Asked in Family Law, Child Custody and Child Support for Washington on
Q: My son just turned 18 is he still required to visit his non custodial parent?

We live in Washington state. I am receiving support from the non custodial parent until he graduates high school per the support agreement.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 2, 2021

An 18 year old is considered an adult and is no longer subject to a court order for parenting time.

1 Answer | Asked in Family Law for Washington on
Q: how can I find out when my mother dies....she has a will but I am not included in it as she took me out of it.

I know who her attorney is but she also have told him not to discuss any of the will with me since I am not named in it, so even though I know I am not named in the will, and he knows I know that, does he still have to legally notify me of her death? Or does that only count if I contest the will?... View More

Tim Akpinar
Tim Akpinar
answered on Sep 14, 2020

Since your question remains open for three weeks, you could consider reposting under Probate and Estate Planning - those are more applicable than Family Law as far as categories go. There's no guarantee that all questions are picked up, but you might have better chances there. Good luck... View More

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Washington on
Q: My husband is in jail for domestic violence. I want to divorce him and get my sons passport so I can return home

Is this possible with him being in jail

Brennan R Block
Brennan R Block
answered on Jul 15, 2020

Yes, it is possible to divorce your husband while he is in jail. You will need to serve him, in jail, with a divorce petition and follow procedures required by law. You should hire an experienced divorce attorney in your state to help with you with the process.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Washington on
Q: A vapo was placed on me with hearsay. They demanded gun be turned in. Never used in any way to threaten ect. My rights
Cristine Beckwith
PREMIUM
Cristine Beckwith
answered on May 17, 2020

Hello, I would need more information to help you. We are available until 9pm this evening for a free phone consultation and tomorrow morning at 9am.

1 Answer | Asked in Family Law and Child Support for Washington on
Q: does the State of Washington allow for Post high school child support/college support? Child is 19, lives with me.

Going through divorce. spouse moved out. child is 19 and id like help with college money from soon to be ex spouse. how do i go about this?

Kevin R. Richardson
Kevin R. Richardson
answered on Feb 6, 2020

Yes, but it depends on if the court still has jurisdiction over the child. More facts are needed and you should speak with an attorney. But the long story short is that if your current divorce was started before your child turned 18 or other emancipated, then the court likely has jurisdictions to... View More

1 Answer | Asked in Family Law for Washington on
Q: For visitation parenting plan requires drug, alcohol treatment & monthly urine tests. Who do I send results to?

I have sent proof/ results to grandparents with custody, but they ignore them and respond to my efforts to set up visitation with designated supervisor wirh letters reminding me of the requirements

Kevin R. Richardson
Kevin R. Richardson
answered on Feb 6, 2020

It sounds very much like you need to get the courts involved. And it also sounds like there may already be certain requirements in place regarding a Third Party Custody case.

You should set up an appointment right away with an attorney as this area of law is a bit complicated and the...
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1 Answer | Asked in Child Support and Family Law for Washington on
Q: WA, if we agree on shared custody and she doesn't want child support can the court mandate it or allow our agreement

We're in ok terms and have been talking about a divorce for a while. She says she would want shared custody of our daughter, it's important for both to be a part of her life, but she says she would decline child support so we both have the means to take care of her when she's in our... View More

Kevin R. Richardson
Kevin R. Richardson
answered on Feb 6, 2020

It can be allowed, but it depends greatly on both of your incomes and how a few other things are accounted for in your divorce. Long story short is the child support must be calculated by the court. However, there can be ways to get it to a zero net transfer if the facts of the case allow for it.... View More

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