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Washington Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Family Law and Domestic Violence for Washington on
Q: Can a grandparent be added as petitioner for minor guardianship without consent in WA?

I am the uncle of a minor whose father, my brother, is currently in prison. We discovered that his wife has been verbally and physically abusive towards the minor. The minor’s grandmother was informed that we are petitioning for guardianship, but my brother and I do not want her added as a... View More

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

I’m so sorry to hear about this situation.

Speaking very generally, anyone who is 18 or older can petition to be a minor’s guardian. Also speaking generally, no one can be a petitioner on any legal matter without their consent (usually demonstrated by their signature on the Petition)...
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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 Child Custody and Family Law for Washington on
Q: What should I do if I was served for a parenting plan filed in June with 20 days to respond?

I was served in person with papers concerning a parenting plan, and I've been informed that I have 20 days to respond. However, these papers were initially filed in June of this year. There were no prior arrangements or agreements made regarding the parenting plan, and I have had no contact... View More

James L. Arrasmith
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answered on Nov 5, 2025

That situation can feel stressful, but you still have time to protect your rights and respond properly. When you’re served with a parenting plan, the 20-day deadline begins from the date you were personally served — not from the date the other party filed it. Even though it was filed in June,... View More

1 Answer | Asked in Child Custody, Civil Litigation, Domestic Violence and Family Law for Washington on
Q: What legal steps can I take to regain access to my children in WA?

I'm located in Washington and am dealing with a complex custody issue. My ex and I were under temporary custody orders that have expired, and no permanent custody orders or parenting plans were ever established. Since our last court date two years ago, I have held him in contempt for refusing... View More

James L. Arrasmith
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answered on Nov 2, 2025

You regain access by putting the court back in the driver’s seat and forcing accountability. File immediately in Washington to open or reactivate the family‑law case and petition for a Parenting Plan and Residential Schedule. At the same time, move for ex parte and temporary orders mandating... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Washington on
Q: How can I legally ensure the return of my son after his mother refused to return him as per custody order?

I have sole custody of my son with no limitations, and he was supposed to be returned to me on August 27th or 28th after a summer visit with his mother in Washington state. Despite numerous attempts to contact her, she has refused to return our son. We have a court-ordered parenting plan in place,... View More

James L. Arrasmith
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answered on Oct 22, 2025

This situation sounds incredibly difficult, but there are legal steps you can take to have your son safely returned. Since you have a valid custody order granting you sole custody, the mother’s refusal to return your child is a violation of that order. In Washington, this can qualify as custodial... View More

2 Answers | Asked in Child Custody, Civil Litigation and Family Law for Washington on
Q: Need guidance on custody, settlement inadequacy, and trust issues in WA

I need legal advice regarding a complex legal issue concerning my son and me. In 2011, my son was removed from his babysitter and handed to his father without a signed emergency order, violating a parenting plan with instructions to keep him away from the father. This led to significant harm. Since... View More

Christopher Adkins
Christopher Adkins
answered on Oct 20, 2025

You should contact a Washington family law attorney as soon as possible. Ask them to review all your court papers, the GAL report, and the trust documents.

You may be able to challenge the GAL report, ask the court to change custody or modify the trust, and address any errors in the...
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1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Washington on
Q: How to handle protection and relocation due to coercive control with no physical violence?

I am seeking to file an ex parte protection order in King County and request relocation out of state for my safety. I moved here late in my pregnancy in 2023 and urgently need to return to my home state to access my family support system, job, and to heal. I have journal entries and a letter from... View More

James L. Arrasmith
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answered on Oct 11, 2025

It’s understandable to feel the need to leave immediately, especially when coercive control has taken a toll on your sense of safety and stability. In Washington State, you can file for an **ex parte protection order** even without physical violence if you can show a pattern of intimidation,... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Washington on
Q: Can I withhold custody due to ex-husband's verbal abuse of daughters?

I have a parenting plan in place with my ex-husband for our two daughters, ages 13 and 10. Recently, he has been verbally abusive towards them. My 13-year-old has started self-harming and has asked for counseling, while my 10-year-old has been diagnosed with depression and anxiety. Since removing... View More

James L. Arrasmith
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answered on Oct 8, 2025

This is a heartbreaking situation, and your concern for your daughters’ safety and emotional well-being is completely justified. However, if there’s a court-ordered parenting plan in place, you generally cannot withhold custody on your own without risking being found in violation of that order.... View More

1 Answer | Asked in Child Custody and Family Law for Washington on
Q: What options are available if I can't afford a lawyer for a child custody case in Pierce County, WA?

I can't afford a family court lawyer to help with a child custody order or parenting plan. I reside in Texas, but my child and his mother live in Pierce County. There is no court order in place. I've tried to see my son by being cordial with his mother on several occasions but... View More

James L. Arrasmith
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answered on Oct 7, 2025

It’s understandable to feel overwhelmed when you’re trying to establish custody or visitation from another state without legal help. The good news is that in **Pierce County, Washington**, there are several ways to move forward without having to hire a private attorney. Washington family courts... View More

Q: How to address a wrongful DOC supervision extension that led to losing custody and legal issues?

I was kept on DOC supervision for 3 years longer than intended because they claimed I hadn't completed my alcohol evaluation and treatment, despite the certificate being in my file. This error led to a warrant being issued, causing significant consequences, including losing custody of my... View More

James L. Arrasmith
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answered on Sep 8, 2025

First, you need to gather all documentation proving you completed your alcohol evaluation and treatment, including certificates, correspondence with the DOC, and any other supporting records. Having a clear record will be crucial to demonstrate that the supervision extension was wrongful. Make... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Washington on
Q: Urgent need for family law representation for custody and parenting plan in Clark County, WA, response due Sept 1, 2025.

I urgently need legal representation for a custody and parenting plan issue in Clark County, WA. Opposing counsel has filed a proposed parenting plan with a response due by September 1, 2025. I am seeking assistance to review and file a counter-plan. Currently, there is a temporary order of custody... View More

James L. Arrasmith
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answered on Aug 31, 2025

With a deadline of September 1, 2025, you are in a very time-sensitive situation and need to act immediately. The court will expect you to file a response and, if appropriate, a proposed parenting plan of your own. Since you were the primary caregiver and continue to provide for your children’s... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Military Law for Washington on
Q: Can an ex force a change to jurisdiction on support order that has been maintained if he moved with child to Hawaii?

Divorced in 2011 in Washington State. Parenting plan and Order of Support were ordered in Washington State . Child support determined using the Child Support Worksheet, with divided proportional amounts based on income (using Standard Support Obligation). Support has been paid bi-weekly (1st and... View More

James L. Arrasmith
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answered on Aug 21, 2025

You do not have to accept a Hawaii forum for child support modification because he moved with the child. Under the Uniform Interstate Family Support Act, Washington retains continuing, exclusive jurisdiction over its support order so long as you, he, or the child resides in Washington, unless both... View More

2 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Washington on
Q: Granddaughter's husband won't sign divorce papers or allow her to see kids. She's filed due to domestic violence. What can she do next?

My granddaughter’s husband is refusing to sign the divorce papers and won't allow her to see their children. He is currently homeless with the kids. My granddaughter has filed for divorce twice in the last two years, both due to domestic violence. Child Protective Services were involved... View More

Jennifer Setters
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answered on Aug 12, 2025

’m not your granddaughter’s attorney, and this is not legal advice, but here’s a general overview of her possible options. Given the seriousness of the situation—including domestic violence, custody disputes, and safety concerns—she should speak with a qualified family law attorney in her... View More

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1 Answer | Asked in Child Custody and Family Law for Washington on
Q: Concerns about child's safety due to parent's drug addiction and seeking temporary custody.

I am worried about the child’s well-being due to the parent’s drug addiction, which has led to drugs being brought into the home. The child reported a “funny smell” and has shown signs of depression, like never leaving the bedroom and having behavioral issues at school. Additionally, the... View More

James L. Arrasmith
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answered on Jul 19, 2025

Your concern is valid, and it’s clear that you care deeply about the child’s safety and emotional health. When there are signs of drug use in the home, unexplained odors, and a child reporting troubling experiences or showing behavioral issues, those are strong indicators that the child may be... View More

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