Washington Family Law Questions & Answers

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.

1 Answer | Asked in Child Support and Family Law for Washington on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
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. 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 credentials,...

Q: Can one parent refuse the other parent from taking vacation with children if not 14 consecutive days?

1 Answer | Asked in Family Law for Washington on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
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 credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...

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.

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Elder Law for Washington on
Answered on Jan 10, 2019
Ali Shahrestani, Esq.'s answer
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 restraining order. You may want to research this matter at your local law library or seek pro bono representation if you can find a lawyer who provides that. You may contact legal aid societies in...

Q: I am currently unemployed, how can I eliminate or modify the alimony (maintenance) I currently owe my ex?

1 Answer | Asked in Divorce and Family Law for Washington on
Answered on Jan 10, 2019
Ali Shahrestani, Esq.'s answer
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 Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...

Q: The following passage in quotes is part of my final parenting-"Both parents may attend the children's educational and

1 Answer | Asked in Family Law for Washington on
Answered on Jan 10, 2019
Ali Shahrestani, Esq.'s answer
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 the parenting plan with 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...

Q: Is falsified court documents illegal?

1 Answer | Asked in Family Law and Child Custody for Washington on
Answered on Dec 26, 2018
Ali Shahrestani, Esq.'s answer
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 as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA,...

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

1 Answer | Asked in Family Law for Washington on
Answered on Dec 24, 2018
Ali Shahrestani, Esq.'s answer
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. 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...

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?

1 Answer | Asked in Family Law and Child Custody for Washington on
Answered on Aug 7, 2018
Vincent J. Bernabei's answer
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 you should file a petition to establish custody in the county court where the child has resided for the past six months.

Q: can i sue for a wrongful death suit for the death of fiance'? we intended on marrying and we share a child.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Wrongful Death for Washington on
Answered on May 4, 2018
Peter N. Munsing's answer
The child has a claim. Contact a member of the State of Washington Trial lawyers Association. They give free consults.

Q: My girlfriend is having issues with her ex to pay his half stated in the parenting plan of child care.

1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Child Support for Washington on
Answered on Apr 2, 2018
Andrekita Silva's answer
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 lawyer. If EX owes 5 years of back child care, an attorney can have that back daycare plus all accrued interest reduced to a judgment. If a judgment is entered, your girlfriend will be entitled to an...

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

1 Answer | Asked in Family Law and Child Custody for Washington on
Answered on Apr 2, 2018
Andrekita Silva's answer
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 informally or you can modify the parenting plan by agreement. However, if no agreement can be reached, you would have to proceed in court with a potentially contested petition to modify the parenting...

Q: Did my obligation to pay for the kids health insurance end when their child support ended?

1 Answer | Asked in Child Support and Family Law for Washington on
Answered on Apr 2, 2018
Andrekita Silva's answer
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 obligation to contribute to health would continue on beyond the termination of your basic support obligation during post high school educational support, then there could be an argument that your...

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?

1 Answer | Asked in Child Support and Family Law for Washington on
Answered on Mar 30, 2018
Marc Andrew Moses' answer
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, you will need an attorney licensed to practice in New York to handle the case there, because New York has jurisdiction over the children. There may be exceptions: If the children have been living in...

Q: How does my new husband adopt my daughter? What do we need to do?

1 Answer | Asked in Adoption, Family Law and Child Custody for Washington on
Answered on Mar 28, 2018
Vincent J. Bernabei's answer
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.

Q: My mother in-law wasnt informed about her father's death. Found out through Google. She was his only child. What to do?

2 Answers | Asked in Estate Planning, Family Law and Probate for Washington on
Answered on Mar 7, 2018
Brent Bowden's answer
I would suggest that the first thing she do is try to figure out if her father's estate was probated and whether he had a will.

Q: i live in washington and my ex husband has custody of our children and they live in oregon...how do i appeal the custody

1 Answer | Asked in Child Custody and Family Law for Washington on
Answered on Oct 11, 2017
Vincent J. Bernabei's answer
Once a court makes a custody determination, that court has exclusive, continuing jurisdiction to make all future custody decisions regarding the same children. The only exception is if the children and both parents no longer reside in that state. You will therefore have to file your modification action in Oregon. If you want to appeal the Oregon court's judgment, you must file and serve a notice of appeal within 30 days of entry of the Oregon judgment.

Q: Can my son's ex-wife get custody of his daughter, even thought she is not her mother,if something happens to him?

1 Answer | Asked in Family Law and Child Custody for Washington on
Answered on Sep 5, 2017
Vincent J. Bernabei's answer
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 the bio mother is unfit or other circumstances exist that are highly detrimental to the welfare of the child, then the court would consider awarding custody to a third person. Your son should prepare an...

Q: Would a lawyer be able to drop my case?

1 Answer | Asked in Family Law and Domestic Violence for Washington on
Answered on Sep 5, 2017
Jason Powers' answer
If the court already ordered that the classes need to be completed than I doubt a lawyer will be able to convince the court to drop it. The court may become frustrated that the order was not followed and order the case closed provided you get penalized. It would be a good idea to speak to an attorney so that it is clear as to what is in the order and what stage of the proceedings you are at.

Q: is there a law that daycare centers MUST prorate for days the child misses it they are there full time?

1 Answer | Asked in Business Law, Contracts, Family Law and Education Law for Washington on
Answered on Aug 3, 2017
Ryan Ford's answer
There's no law that I'm aware of. You look at the terms of the contract you signed and agreed to. If the contract says prorate, you prorate. If the contract says it's a fixed rate regardless of days missed, you pay in full. If the contract is silent, there's a decent argument the fee should be prorated because the daycare center is the drafter and ambiguities in a contract are decided favorably for the non-drafting party. Additionally, there are common law theories to contracting your...

Q: can a child of a U.S citizen with an expired visa get emancipated if his parent is abusive?

1 Answer | Asked in Domestic Violence, Family Law, Immigration Law and Juvenile Law for Washington on
Answered on Jun 5, 2017
Amanda B Cook's answer
The short answer to the question is yes. But please seek the counsel of an experienced immigration attorney to help you do so.

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