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Washington Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Washington on
Q: Can my son's ex-wife get custody of his daughter, even thought she is not her mother,if something happens to him?

If so, how can he guaranty that his mother gets her and not the ex-step mother? They have been divorced for over three years and the step mother has no rights to her for visits or anything else.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 5, 2017

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... View More

1 Answer | Asked in Child Custody and Estate Planning for Washington on
Q: How can I make sure that if I die that my husband will have custody of my children?

They are not biologically his. But he has been their "dad" their whole lives. Power of attorney work?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 2, 2016

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... View More

1 Answer | Asked in Child Custody for Washington on
Q: Need to prepare for court hearing concerning a new parenting plan to get my son back full custody.

The story is long here, but short version is I have a court hearing coming up and need to get my five-year-old back with me full custody. He is much better off with me, better living conditions, with his friends and neighborhood he grew up with. If someone thinks they can help me then I will give... View More

Marjorie Simmons
Marjorie Simmons
answered on Sep 13, 2016

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...
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1 Answer | Asked in Child Custody and Family Law for Washington on
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?

My son is 5 years old and his mother suddenly moved him, her and her daughter's belongings out of our apartment that we shared for 6 years. She did this right in front of the children, very upsetting to them and me. She took my son away and refused to let me see him for the most part. I... View More

Marjorie Simmons
Marjorie Simmons
answered on Sep 13, 2016

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)...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Washington on
Q: I want to be emancipated but don't know if my case is strong enough?

I want to enlist for emancipation but I want to know if my case is strong enough to be granted. My mother is married to my step father and they have 3 kids and I'm extremely unhappy and put down by them. Im emotionally absuised and I don't want to be in this house anymore. I have my own... View More

Marjorie Simmons
Marjorie Simmons
answered on Jul 6, 2016

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... View More

1 Answer | Asked in Child Custody and Child Support for Washington on
Q: Can my husband get custody if his ex wife did not set up child support?

My husband pays $600 a month to his ex wife but there is not child support set up or a parenting plan. In a recent visit his oldest son said that my husbands ex uses the child support money to fund her restaurant and not on the kids. Would that count as parental neglect? His daughter (age 5) did... View More

Marjorie Simmons
Marjorie Simmons
answered on Jul 6, 2016

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... View More

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