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Washington Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Washington on
Q: What are my legal rights as a father?

My daughters mom (my ex) will on occasion freak out when it's my weekend with my daughter and will coerce my daughter to say anything she feels justifies her to come over and take my daughter back and threaten me with calling the police etc when I have done nothing. She's done this... Read more »

Stacie Lynn Naczelnik
Stacie Lynn Naczelnik answered on Oct 15, 2021

Your residential time is defined by the parenting plan. Unless the parenting plan says that she can pick your daughter up during your time because your daughter says she wants her to, then she shouldn't be doing this. You should both be following the parenting plan as best you can.

1 Answer | Asked in Family Law and Arbitration / Mediation Law for Washington on
Q: 5 yr relationship. He cheated & kicked me out. No money but many woman hours into the place heard he bought for me.

Can this fall under the division of a close intimate relationship? If so, is there an attorney willing to help me? I was left homeless and broke on lni. He hired an attorney and fabricated a lie to have me removed. I spent many hours over the past 5 years working on the property we lived in and the... Read more »

Stacie Lynn Naczelnik
Stacie Lynn Naczelnik answered on Oct 15, 2021

It might, but you should probably consult with an attorney who can advise you on whether your circumstances meet the requirements for a Committed Intimate Relationship in WA.

1 Answer | Asked in Family Law and Child Support for Washington on
Q: Child support enforcement is saying i was over paid receiving support for my 18 yr old but he was still in highschool
Stacie Lynn Naczelnik
Stacie Lynn Naczelnik answered on Sep 9, 2021

I don't see a question here, but you should look at the end date on your order of child support to see whether it ends when your child turned 18 or when your child graduates from high school.

1 Answer | Asked in Family Law for Washington on
Q: Is it true then when someone turns 18, are still in high school and has divorced parents….

They have no other choice but to live with either one of the parents till they graduate?

Stacie Lynn Naczelnik
Stacie Lynn Naczelnik answered on Sep 9, 2021

The age of majority in WA is 18. This means that the parenting plan no longer applies once someone turns 18. There may be other benefits to remaining in a parent's home while still in school, so this person should probably take some time to think out all of the pros and cons of moving out at... Read more »

1 Answer | Asked in Family Law and Child Custody for Washington on
Q: trying to relocate with my child from Washington state to Oregon, does the lawyer have to be licensed in both states?
Stacie Lynn Naczelnik
Stacie Lynn Naczelnik answered on Sep 9, 2021

The lawyer needs to be licensed in the state where the court case is. The relocation will likely be litigated in the same court where you got your parenting plan, so that is where the attorney should be licensed.

1 Answer | Asked in Family Law and Domestic Violence for Washington on
Q: Define "change in circumstance" in the context of a Washington state protection order
Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 9, 2021

There are many different types of protection orders under Washington law so it is difficult to answer your question. Generally, any order, including a protection order or no contact order, can be modified by the same court that issued the original order if there is good cause. For example, a court... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Washington on
Q: My son just turned 18 is he still required to visit his non custodial parent?

We live in Washington state. I am receiving support from the non custodial parent until he graduates high school per the support agreement.

Vincent J. Bernabei
Vincent J. Bernabei answered on Feb 2, 2021

An 18 year old is considered an adult and is no longer subject to a court order for parenting time.

1 Answer | Asked in Family Law for Washington on
Q: how can I find out when my mother dies....she has a will but I am not included in it as she took me out of it.

I know who her attorney is but she also have told him not to discuss any of the will with me since I am not named in it, so even though I know I am not named in the will, and he knows I know that, does he still have to legally notify me of her death? Or does that only count if I contest the will?... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 14, 2020

Since your question remains open for three weeks, you could consider reposting under Probate and Estate Planning - those are more applicable than Family Law as far as categories go. There's no guarantee that all questions are picked up, but you might have better chances there. Good luck... Read more »

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Washington on
Q: My husband is in jail for domestic violence. I want to divorce him and get my sons passport so I can return home

Is this possible with him being in jail

Brennan R Block
Brennan R Block answered on Jul 15, 2020

Yes, it is possible to divorce your husband while he is in jail. You will need to serve him, in jail, with a divorce petition and follow procedures required by law. You should hire an experienced divorce attorney in your state to help with you with the process.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Washington on
Q: A vapo was placed on me with hearsay. They demanded gun be turned in. Never used in any way to threaten ect. My rights
Cristine Beckwith
Cristine Beckwith answered on May 17, 2020

Hello, I would need more information to help you. We are available until 9pm this evening for a free phone consultation and tomorrow morning at 9am.

1 Answer | Asked in Child Support and Family Law for Washington on
Q: WA, if we agree on shared custody and she doesn't want child support can the court mandate it or allow our agreement

We're in ok terms and have been talking about a divorce for a while. She says she would want shared custody of our daughter, it's important for both to be a part of her life, but she says she would decline child support so we both have the means to take care of her when she's in our... Read more »

Kevin R. Richardson
Kevin R. Richardson answered on Feb 6, 2020

It can be allowed, but it depends greatly on both of your incomes and how a few other things are accounted for in your divorce. Long story short is the child support must be calculated by the court. However, there can be ways to get it to a zero net transfer if the facts of the case allow for it.... Read more »

1 Answer | Asked in Family Law for Washington on
Q: For visitation parenting plan requires drug, alcohol treatment & monthly urine tests. Who do I send results to?

I have sent proof/ results to grandparents with custody, but they ignore them and respond to my efforts to set up visitation with designated supervisor wirh letters reminding me of the requirements

Kevin R. Richardson
Kevin R. Richardson answered on Feb 6, 2020

It sounds very much like you need to get the courts involved. And it also sounds like there may already be certain requirements in place regarding a Third Party Custody case.

You should set up an appointment right away with an attorney as this area of law is a bit complicated and the...
Read more »

1 Answer | Asked in Family Law and Child Support for Washington on
Q: does the State of Washington allow for Post high school child support/college support? Child is 19, lives with me.

Going through divorce. spouse moved out. child is 19 and id like help with college money from soon to be ex spouse. how do i go about this?

Kevin R. Richardson
Kevin R. Richardson answered on Feb 6, 2020

Yes, but it depends on if the court still has jurisdiction over the child. More facts are needed and you should speak with an attorney. But the long story short is that if your current divorce was started before your child turned 18 or other emancipated, then the court likely has jurisdictions to... Read more »

1 Answer | Asked in Family Law, Tax Law and Child Support for Washington on
Q: I need some advice in regards to the IRS form 8332 and the verbiage.

On my husbands child support documents it states that in order for him to be able to claim his daughter (with his ex-wife) on his taxes “as long as he is current on his child support obligation. Current shall be defined as making all the monthly current support payments and making all the monthly... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Jan 27, 2020

Without seeing the document I tend to agree with your interpretation, however, there may be something else within the document that could change my answer. That being said, your husband should call the attorney that handled his divorce to double check. If they are unavailable, he should call the... Read more »

1 Answer | Asked in Family Law for Washington on
Q: How do i find out if my uncle changed the will of my deceased grandfather to benifit him more and how can i see the will
Tim Akpinar
Tim Akpinar answered on Jan 25, 2020

I'm sorry for the loss of your grandfather. You might have better chances of your question being picked up if you reposted in the Probate - Estate Planning categories. It went unnoticed for two weeks under Family Law. Good luck

Tim Akpinar

1 Answer | Asked in Child Custody and Family Law for Washington on
Q: In a non parent custody case when non parent is deinig any visitation to parents no visitations plan in motion

In my case at original time case opened no set visitation plan was written down and the parents signed only tempery custody till they got back on there feet but parties have diened visitation for a year and a have with minor

Kevin R. Richardson
Kevin R. Richardson answered on Jan 12, 2020

Speak to an attorney. There are a lot of facts left out, but it sounds like there is an open case with the court. To find an another key, there are local Bar Associations referral services, pro bono clinics in many areas, and the court itself will likely have resources on area programs.... Read more »

1 Answer | Asked in Family Law for Washington on
Q: The opposing party in my family law case erased several questions from the interrogatories. Will there be consequences?

I am in a custody battle with my ex and we both had to answer interrogatories. I answered each question to the best of my ability and responded in a reasonable time frame. However it has taken my ex months to respond to the interrogatories and when I received his response, I saw he deleted several... Read more »

Kevin R. Richardson
Kevin R. Richardson answered on Dec 29, 2019

Only of you pursue the issue. No consequences unless you take action. You need to try to resolve issue on your own by asking that the answers be provided. If not, then ask court to make them answer with a motion to compel. Good luck.

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...
Read more »

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... 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... Read more »

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