Lawyers, Answer Questions  & Get Points Log In
Washington Family Law Questions & Answers
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 »

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...
Read more »

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... 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... 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...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.