Washington Child Custody Questions & Answers

Q: What documents will i need to take to the court house to start the divorce process

1 Answer | Asked in Child Custody, Child Support and Divorce for Washington on
Answered on Jan 10, 2019
Ali Shahrestani, Esq.'s answer
Have you researched the process at your local law library and online via the WA state court's website? Those are great places to start when representing yourself in a divorce and seeking forms and guidance. Have you considered limited scope representation as a more affordable way to hire a lawyer when you're on a tight budget? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read...

Q: How do I get power of attorney back after signing it to my mom

1 Answer | Asked in Child Custody, Child Support and Civil Rights for Washington on
Answered on Jan 10, 2019
Ali Shahrestani, Esq.'s answer
Have a lawyer review the Power of Attorney document you signed to determine how to properly rescind that POA. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law:...

Q: Is falsified court documents illegal?

1 Answer | Asked in Family Law and Child Custody for Washington on
Answered on Dec 26, 2018
Ali Shahrestani, Esq.'s answer
You may be able to object to service of process if you were not served a full copy of the filed documents, at which point you may need to be re-served. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA,...

Q: Is it possible to lose sole custody of my son if I am a student, not currently working?

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Washington on
Answered on Dec 26, 2018
Ali Shahrestani, Esq.'s answer
You might be able to seek a restraining order, child custody, child support, spousal support, and attorney's fees, depending on the facts. You can report domestic violence to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...

Q: If a child (age 14) wants to live with the other parent (whom has Legal custody) can the child do so.

1 Answer | Asked in Child Custody for Washington on
Answered on Dec 26, 2018
Ali Shahrestani, Esq.'s answer
It sounds like it may be time to file a request for a modification of child custody and to call child protective services, if not also the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC...

Q: What forms do I need to fill out and what process do I need to go through to gain guardianship of my 10 year old son?

1 Answer | Asked in Family Law and Child Custody for Washington on
Answered on Aug 7, 2018
Vincent J. Bernabei's answer
If this is your son, you need a custody order. If there is already a custody order in a custody or divorce decree, then you should file a petition to modify the custody order. Usually, that has to be done in the same court that entered the custody order. If there is no prior custody order, then you should file a petition to establish custody in the county court where the child has resided for the past six months.

Q: My girlfriend is having issues with her ex to pay his half stated in the parenting plan of child care.

1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Child Support for Washington on
Answered on Apr 2, 2018
Andrekita Silva's answer
She can contact DCS (Division of Child Support) and ask that they collect for her. Although all past due child support bears interest, they will not collect that for her. It can take DCS a long time but they will do this for her at no charge.

If EX has a job, she should consider hiring a lawyer. If EX owes 5 years of back child care, an attorney can have that back daycare plus all accrued interest reduced to a judgment. If a judgment is entered, your girlfriend will be entitled to an...

Q: I live in Washington State. My 17 year old step-daughter wants to live with her father. Do we have to go court for

1 Answer | Asked in Family Law and Child Custody for Washington on
Answered on Apr 2, 2018
Andrekita Silva's answer
As I understand it, your husband is the non primary parent and the 17 year lives with Mom. Now 17 year old wants to live with you and your husband?

If you can reach an agreement with Mother/ primary parent to modify the parenting plan by agreement, then stepdaughter can live with you informally or you can modify the parenting plan by agreement. However, if no agreement can be reached, you would have to proceed in court with a potentially contested petition to modify the parenting...

Q: My child’s father recently moved to California, me and the child live in Washington, we don’t have a parenting plan...

1 Answer | Asked in Child Custody and Child Support for Washington on
Answered on Mar 30, 2018
Marc Andrew Moses' answer
I wouldn't wait to see if you are going to get in trouble for not allowing your child to talk to the other parent. There may be reasons to do so, but I would rather see you present the issue to the court and get a judge to issue an order.

If the child resides in Washington, you can file a petition in Superior Court in the county where the child lives, then ask for a parenting plan and a child support order, the two issues mentioned in your question, as well as other issues that may...

Q: How does my new husband adopt my daughter? What do we need to do?

1 Answer | Asked in Adoption, Family Law and Child Custody for Washington on
Answered on Mar 28, 2018
Vincent J. Bernabei's answer
You and your spouse should contact an attorney to initiate an adoption proceeding in Clark County Superior Court. Before doing so, I recommend that you have the birth father sign a consent to the adoption. You can complete the adoption and name change in the same proceeding.

Q: My friend is going to be filing a divorce online with his wife who lives in Washington. It is uncontested. Verbiage?

2 Answers | Asked in Child Custody and Divorce for Washington on
Answered on Jan 24, 2018
Regina Irene Edwards' answer
This is not something he is going to want to do without an attorney. When your car is broken, you take it to a mechanic, not get on youtube and try to figure it out yourself. One simple error can cost thousands to fix. He needs to do it right the first time and hire and experienced attorney to handle the paperwork.

_____________________________________________________

Regina I. Edwards is the Owner of Edwards Family Law.

Ms. Edwards has been practicing law since...

Q: i live in washington and my ex husband has custody of our children and they live in oregon...how do i appeal the custody

1 Answer | Asked in Child Custody and Family Law for Washington on
Answered on Oct 11, 2017
Vincent J. Bernabei's answer
Once a court makes a custody determination, that court has exclusive, continuing jurisdiction to make all future custody decisions regarding the same children. The only exception is if the children and both parents no longer reside in that state. You will therefore have to file your modification action in Oregon. If you want to appeal the Oregon court's judgment, you must file and serve a notice of appeal within 30 days of entry of the Oregon judgment.

Q: Can my son's ex-wife get custody of his daughter, even thought she is not her mother,if something happens to him?

1 Answer | Asked in Family Law and Child Custody for Washington on
Answered on Sep 5, 2017
Vincent J. Bernabei's answer
If your son's ex-wife has had no contact with the child for more than three years, it is highly unlikely that the court would award her custody of the child. If your son dies, the child's mother, as the surviving biological parent, would have a preference in obtaining legal custody. If the bio mother is unfit or other circumstances exist that are highly detrimental to the welfare of the child, then the court would consider awarding custody to a third person. Your son should prepare an...

Q: How can I make sure that if I die that my husband will have custody of my children?

1 Answer | Asked in Child Custody and Estate Planning for Washington on
Answered on Dec 2, 2016
Vincent J. Bernabei's answer
The power of attorney ceases to be effective upon your death, so that won't work. The foolproof way is to have your spouse adopt the children. If that is not possible, you should designate your spouse as the children's guardian in your will, and express your preference that they continue to reside with him. If the children's biological father is a generally fit parent, has a relationship with the children, and he wants the children, he will probably get them.

Q: Need to prepare for court hearing concerning a new parenting plan to get my son back full custody.

1 Answer | Asked in Child Custody for Washington on
Answered on Sep 13, 2016
Marjorie Simmons' answer
You can start or continue learning about parenting plans at http://www.washingtonlawhelp.org/issues/family-law/parenting-plans-residential-time

In King county you can call 211 to reach the Northwest Justice Project where you may find additional help. Visit the court's website to determine any court-specific rules that will apply to your hearing, and visit the courthouse to find your way around. Make yourself a list of the most important considerations to you, in view of what you learn...

Q: Have 1.5 weeks to get ready for a hearing to get my son back, FULL custody. How can I be prepared to win this case?

1 Answer | Asked in Child Custody and Family Law for Washington on
Answered on Sep 13, 2016
Marjorie Simmons' answer
What a difficult situation for you. Each county has some kind of legal aid program, one that organizes for others in the state is the Northwest Justice Project (https://nwjustice.org/). You can call their CLEAR Hotline at 1-888-201-1014

(M-F 9:15 am to 12:15 pm) to see if pro bono (free) legal help is available to you, and you could start/continue self-educating by reading the materials at http://www.washingtonlawhelp.org/search?q=child+custody. Good luck.

Q: I want to be emancipated but don't know if my case is strong enough?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Washington on
Answered on Jul 6, 2016
Marjorie Simmons' answer
You can find some information about emancipation at http://www.washingtonlawhelp.org/search?q=emancipation. Consider your situation carefully, as you don't want to get caught up in a child protective services situation. Sometimes when we are pretty grown up but not yet of age, we can feel so impatient to be on our own that we make decisions that we later regret. I remember those days vividly, and despite the issues I faced, I am glad I stayed put until I did. Even if you're not a religious...

Q: Can my husband get custody if his ex wife did not set up child support?

1 Answer | Asked in Child Custody and Child Support for Washington on
Answered on Jul 6, 2016
Marjorie Simmons' answer
Does your husband have a copy of his dissolution decree? Child support obligations are normally addressed in the decree and its attachments. Child support is reasonably used only for supporting children, from socks and other garments to housing and food. A pattern of expenditure showing otherwise can be grounds for support modification, but must be proven. The first order of business in your case is to make sure the child is clothed, so buy the child some clothing and keep receipts. You should...

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