Washington Family Legal Questions

In general, the proper places to file for modification of child support or a parenting plan are (1) the residence of the child; (2) the place that issued the last final orders; or (3) the residence of the parent having custody or primary control of the child.  There is no preference, so in a case where there are alternative forums, the first party to file for modification usually is able to select the forum.  If she hasn't filed yet, you should hurry and file.  It is quite literally a race to the courthouse.  Good luck!... Read More

If the parties have lived in Washington for a year, Washington has jurisdiction.  If your attorney cannot help you, you may want to consult another attorney.  Make sure you consult with someone who has experience with family law matters.  I do not have enough information to give you specific advice and, in fact, most attorneys would want to review all the documents and discuss the facts of the case with you before giving advice.  In general, Washington will assume jurisdiction of children who have lived continuously in the state for at least six months.  That means that the courts here are empowered to make the types of decisions you are seeking after the children have been living in Washington for that amount of time.  I understand that CPS  might be hesitant to get involved with a valid Florida court order.  That just means that you need to have the Washington courts get involved and try to get a decision in Washington.  You do that by filing a petition in the superior court for the county where your monther and the children are now residing.  The type of petition really depends on the Florida orders. By the way, there seems to be some confusion.  Simply because there are no Washington court orders giving your mother rights to your son doesn't mean that your mother doesn't have rights to your son.  Under the US Constitution and the uniform interstate act, states honor the decisions made in sister-state courts.  In other words, the florida orders are enforceable here just as if they were issued in Washington. I hope this helps. ... Read More

The court can only order a urine test. Maybe you have witnesses who will testify against him. You need to make sure the court knows about the criminal history. However, if he can test clean and the criminal charges are old or purely financial, the court will probably give him some visitation.... Read More

You have been misinformed. If there is no court order in place, you do not have to let him see the child at all. He has Parental rights, but nor residential rights until a Parental Plan is put in place. You call the shots. You are the mother you do not have a guardianship you are in complete control, you gave birth tot eh child, he did not. If he wants to see the child, he needs to file the appropriate Petition in Washington state to make that happen.... Read More

What most people refer to as custody is much more complicated that than in Washington-we have parenting plans and residential schedules that address not only when the child will be living with each parent, but also a lot about who makes important decisions regarding how the child is raised (and unless there are reasons to restrict one parent's participation, it's usually joint). The criteria for establishing a permanent parenting plan can be found in RCW 26.09.187 (http://apps.leg.wa.gov/rcw/default.aspx?cite=26.09.187 ), but I think you would really benefit from discussing this with an attorney.... Read More

In Washington, if the laws of intestacy apply and they won't if he has a will, one second after marriage you will be entitled to all of the community property and a smaller portion of the separate property - but there won't be any community property one second after marriage unless something arrives, is earned, etc. during the period of marriage.... Read More

You do have a case. Mostly, though, you have a life lesson. In case you missed it, it is don't co-sign ever for anything unless you are prepared to pay for it. That includes parents, siblings and children but is especially applicable to boyfriends. Were I in your shoes, I would just pay the $1,200 and sue him in small claims court for the whole $1,200 and forget about the junk you bought at the furniture store. It is an unsecured debt and he can discharge it in bankruptcy and there is a better than even chance that he will.... Read More

Whenever a Family Court orders support or reimbursement for a child or children, the obligation never goes away. If medical, child care, or other costs are ordered to be paid, they become a liability of the non-custodial parent as they are incurred. Under the terms of the Order described, he owes those amounts paid for health insurance, unreimbursed medical(health ) costs, child care and presumably support. Even if the children are over the age of eighteen, you can still pursue reimbursement for the costs that occurred while they were minors. Most states have agencies that will assist you to collect. Many states refer to them as their Divisions of Child Support Enforcement. Use them.... Read More