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Washington Family Law Questions & Answers
1 Answer | Asked in Criminal Law and Family Law for Washington on
Q: What can i do? my 17yr old lives with 18yr boy friend but he is hitting her.

My daughter 17 lives w her boy friend 18 and his parents. They been together 2 yrs now they have a 9 month old baby. We found out he is hitting her. But she denys it. There is witnesses to this behavior. As a mother what can i do? She turns 18 in December so i need help fast. She has been suicidal... Read more »

Stan Glisson
Stan Glisson answered on Sep 9, 2019

The law allows a parent to seek a protection order on behalf of a minor child. So you can go to the local courthouse and ask for a protection order that would prohibit him from contacting her, but that would only be valid until she is 18.

You can of course report what is happening to local...
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1 Answer | Asked in Family Law and Child Custody for Washington on
Q: Is there anything I can do if my children's mother keeps telling my kids lies and things they do not need to hear?

For instance:

- My children told me that their mom isn't working anymore, but that she told them not to tell me or else I would try to take them away from her.

- She told my children that I didn't want to share Easter with her (which is the opposite) and that I wasn't coming to get... Read more »

Elizabeth A. Arwood
Elizabeth A. Arwood answered on May 7, 2019

As your question indicates, it is not in a child's best interest to discuss the Court case with children, involve them in parenting decisions, or disparage the other parent to the children. Your remedies regarding this situation depend on a lot of contingencies, such as if you already have a... Read more »

1 Answer | Asked in Child Custody and Family Law for Washington on
Q: My spouse and I are going thru custody case.I learned child has missed 12 days-47 tardy. Is this neglect?

We are both petitioning for full custody.

Elizabeth A. Arwood
Elizabeth A. Arwood answered on May 7, 2019

It's difficult to answer this without more information regarding the cause of the absences. Neglect in Washington is defined as negligent treatment or maltreatment of a child by any person under circumstances which indicate that the child's health, welfare, and safety is harmed. In Washington,... Read more »

1 Answer | Asked in Banking, Family Law and Antitrust for Washington on
Q: I don’t have a bank account so my ex wife allowed me to have my employer direct deposit my paychecks into her account an

And now she won’t give me any of my money

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2019

Unless you give us more information--for example, tell us WHY you ex wife is refusing to "give you any of your money"-there is very little anyone can do to help you online.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Washington on
Q: Nephew is 18 & in HS, been living w/me for 6 mos. His Dad won't give up being the custodial. How do I become custodial?

Yes he is 18 but he is still in high school & his dad claims he is the custodial until my nephew graduates.

Vincent J. Bernabei
Vincent J. Bernabei answered on Apr 11, 2019

You don't. Your nephew is an adult.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Washington on
Q: What are the consequences for telling a judge that a DV report they called in didn’t really happen?

The state is trying to prosecute a DV4 case, what are the possible consequences if the reporter recants and tells the judge it didn’t really happen?

Greg Freeze
Greg Freeze answered on Mar 5, 2019

Let's start with, this isn't the judge's first rodeo. Credibility of the recantation will be at issue.

Next, you're question needs to be put in the context of where you are with regard to trial and sentencing.

If you are pretrial, the goal would seem to be to cause the...
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1 Answer | Asked in Child Support and Family Law for Washington on
Q: My Bfs ex wife filed for a review of child support for their 14 yr old son. We are expecting a child in 10 weeks.

She has remarried and together they make 100k a year. He has faithfully paid. Shes harassing us and this is now an issue because she foumd out about the new baby. We have documents and text from her that confirms this. What do you think will end up happening? Will it be increased with another child... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 24, 2019

If she's filing for a modification of child custody and support, the dad can file responsive pleadings which would address his perspectives and financial status. The court makes a decision based on the facts and law, including the financial ability of both parties to financially support the child.... Read more »

1 Answer | Asked in Family Law for Washington on
Q: Can one parent refuse the other parent from taking vacation with children if not 14 consecutive days?

Father states that if mother wants vacation time with children , she must take 7 or 14 consecutive days based on Parenting Plan.,Mother would like to take a 4-5 day vacation with children , tell me that is possible.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 24, 2019

An attorney should review the language of your custody order and parenting plan to properly advise you. 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... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Elder Law for Washington on
Q: We moved to my mothers farm. She was going to deed it to us so we could put a house on it and she live with us.

I am in Urgent NEED of an attorney. I'm 64 and my husband is 66. We live on a farm my mother owns and have since 2012.

My 97 year old mother owns the property. She has not lived her for 25 years. She asked us to come here after my brother died to care for the place. She was going to deed... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 10, 2019

There are various issues that need to be reviewed, including whether your eviction was unlawful, whether you have any legal rights to payment for your services, whether there was any legal basis for the restraining order, and whether you are facing any criminal charges for alleged violation of said... Read more »

1 Answer | Asked in Divorce and Family Law for Washington on
Q: I am currently unemployed, how can I eliminate or modify the alimony (maintenance) I currently owe my ex?

I was employed for 34 years, currently unemployed. The maintenance had been set at a flat $600 /month (order was held open) ,

Split custody but children always lived with me, full time (5 kids), ex never helped with any expenses (medical, food clothes etc). I was advised to retain a lawyer... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 10, 2019

You may acquire self-help forms and books at your local law library as well as self-help forms and guidance on the court's public website. See: https://www.courts.wa.gov/forms/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...
Read more »

1 Answer | Asked in Family Law for Washington on
Q: The following passage in quotes is part of my final parenting-"Both parents may attend the children's educational and

extracurricular activities and volunteer and participate as appropriate for parents and shall not have contact with one another at those events". How is the word "contact" defined here? Physical contact? verbal contact? visual contact?

Thank you for your clear response.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 10, 2019

It sounds like "contact" would be reasonably defined as all forms of contact, be it physical, verbal, visual, and so on. That type of clause is typically included where parents are high conflict, so to be safe you might want to avoid all types of contact. It'd be a good idea to have a lawyer review... Read more »

1 Answer | Asked in Family Law and Child Custody for Washington on
Q: Is falsified court documents illegal?

I was served with contempt. But the additional relief that was stated in the documents I was served with were not in the court papers filed with the court

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 26, 2018

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... Read more »

1 Answer | Asked in Family Law for Washington on
Q: A student burned my daughters hair with a lighter and I want to know if I could press charges on her she is only 11
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 24, 2018

If this occurred on school grounds, you may best be served by contacting the school for more details and to submit a written complaint. A lawsuit might be able to be brought against the child's parents for this intentional tort or negligence, but that depends on the extent of damages to your child.... Read more »

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

I have had my son here with me since June 16th. He was only supposed to be with me until July 5th but his mom asked me to keep him longer as their home situation has changed and she had no where for them to live. She is currently homeless and staying with family. At this time it is getting closer... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Aug 7, 2018

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... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Wrongful Death for Washington on
Q: can i sue for a wrongful death suit for the death of fiance'? we intended on marrying and we share a child.

my fiance' got ill. his mother allowed him to be transferred to a hospital he told me never to take him to. I disclosed that info to her and was ignored. me and him had previously written up a form placing one another as durable power of attorney's. I could not obtain a copy until the 3rd day he... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 4, 2018

The child has a claim. Contact a member of the State of Washington Trial lawyers Association. They give free consults.

1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Child Support for Washington on
Q: My girlfriend is having issues with her ex to pay his half stated in the parenting plan of child care.

Her ex when she let's him know he's suppose to pay half of child care tells her to take him to court what are he options since she can't afford an attorney and the parenting plan is 5 yrs old and his montly payment is $500 for three children. How should she go about taking care of this to ensure he... Read more »

Andrekita Silva
Andrekita Silva answered on Apr 2, 2018

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...
Read more »

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

custody?

Andrekita Silva
Andrekita Silva answered on Apr 2, 2018

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...
Read more »

1 Answer | Asked in Child Support and Family Law for Washington on
Q: Did my obligation to pay for the kids health insurance end when their child support ended?

My twins turned 18 in Aug 2017 and their child support ended. Postsecondary educational support began 9/1/17 with a separate Order that says nothing about paying for health insurance. I recently lost my job and my health insurance ended along with it. The kids were covered under that plan. Now... Read more »

Andrekita Silva
Andrekita Silva answered on Apr 2, 2018

If you have a new order that pertains to college support, the terms/ provisions in the new order supercede the terms of an earlier order of child support . Your obligation to contribute is whatever your new order says it is.

If your prior order or other written agreement states that your...
Read more »

1 Answer | Asked in Child Support and Family Law for Washington on
Q: I’m a father living in Washington State and I pay child support in NY. I need a lawyer should I look for one here or NY?
Marc Andrew Moses
Marc Andrew Moses answered on Mar 30, 2018

Short answer: It depends.

You wrote that you needed a lawyer, but didn't give the reason. It depends on what you are trying to accomplish. If you're looking to modify the amount of support or other order, and if the children have been living in New York for at least the last six months,...
Read more »

1 Answer | Asked in Adoption, Family Law and Child Custody for Washington on
Q: How does my new husband adopt my daughter? What do we need to do?

Her biological dad has not been in the picture since she was 3 or 4. She is now 9 years old. I live in Vancouver WA. We are recently married and had decided to wait tell we we're married to have him adopt her we thought it would be easier. We want to have her adopted and she would like to take his... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Mar 28, 2018

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.

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