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Washington Child Custody Questions & Answers
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 Child Custody, Civil Litigation and Criminal Law for Washington on
Q: Can I regain custody of my son if his father refuses to return him and has a pending felony charge in Grant County, WA?

My son's father and I have a residential schedule that states our son is to reside with me in Grant County, WA, but we do not have a formal parenting plan. I allowed him some parenting time, and now he refuses to return our son to me. The police and CPS have informed me this is a civil issue.... View More

Merry A Kogut
Merry A Kogut
answered on Feb 18, 2025

I am so sorry that you have been going through this, but at the stage I'd strongly urge you to file a legal action for custody in whatever Family Court (through Superior Court) is closest to you in Washington.

If you are low-income, you may be able to get free legal assistance in this...
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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 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 Appeals / Appellate Law, Child Custody, Civil Litigation and Family Law for Washington on
Q: Can I use new evidence in appeal to dispute custody granted by false service and allegations?

I am appealing a final parenting plan where the opposing party falsely gained full custody of my child by default, despite our verified address in court and evidence showing he knew my real address. He made false CPS allegations without any basis, which were immediately dismissed, and used these in... View More

James L. Arrasmith
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answered on May 14, 2025

What you’re going through is incredibly frustrating, especially when it feels like the system didn’t protect your rights or your child’s best interests. In an appeal, the higher court usually reviews the trial court’s decisions based on what was already presented during the original case.... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Washington on
Q: Can I get full custody if the father is non-compliant with the parenting plan and wasn't served for a hearing?

Do I have a good chance of getting full custody of my child if the father does not follow the parenting plan? He refuses to disclose who is watching our child during his custody time, and he won't provide the necessary information to update her birth certificate. While he hasn't been... View More

James L. Arrasmith
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answered on May 14, 2025

It sounds like you're trying hard to do the right thing for your child, and being met with silence, avoidance, or manipulation can be incredibly frustrating. If the father is not complying with the parenting plan, especially by hiding who is caring for your child or refusing to help update... View More

1 Answer | Asked in Domestic Violence, Child Custody, Civil Litigation and Family Law for Washington on
Q: Can my mom legally stop me from seeing my dad with a restraining order in WA?

I'm 15 years old and living in Washington state. My mother recently filed a temporary restraining order against my father. I want to know if she would need to go to court to stop me from seeing my father, and if I would be required to attend. Additionally, can she legally prevent me from... View More

James L. Arrasmith
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answered on May 14, 2025

What you're facing is really difficult, especially when you care about both parents and feel stuck in the middle. In Washington, a temporary restraining order can include terms that keep your dad from contacting you, even if the issues were only between your parents. If your mom included you... View More

2 Answers | Asked in Child Custody, Family Law and Arbitration / Mediation Law for Washington on
Q: Looking for a pro bono attorney in Eastern WA for child custody case.

I'm seeking a pro bono attorney in Eastern Washington for a family law case involving child custody. I was not served with any papers or notifications regarding a hearing, which resulted in my absence. Consequently, the judge signed the parenting plan presented by the other party. I... View More

Tim Akpinar
Tim Akpinar
answered on May 6, 2025

A Washington attorney could advise best but your question remains open for a week, and it sounds like you already missed a hearing. If Legal Aid declined your matter, one option could be to check with Pro Bono Washington, administered by the Washington State Bar Association. Again, this is an area... View More

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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 Child Custody, Child Support and Family Law for Washington on
Q: Seperated spouse not following parenting plan
Mei  Shih
Mei Shih
answered on Jan 8, 2025

Possible court actions including filing an enforcement action, contempt action, or a modification action depending on what your goal is.

2 Answers | Asked in Child Custody, Child Support and Family Law for Washington on
Q: Set a parenting plan with separated spouse, but spouse is not following the plan. What are my options?
Merry A Kogut
Merry A Kogut
answered on Jan 1, 2025

First, document what's going on with a timeline of each violationg of the parenting plan. Start with those you remember, and then keep an accurate log going forward.

Next, write a certified, return receipt letter to your ex (so you get a receipt that your ex received your letter)...
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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 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

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