Domestic violence can affect all aspects of family life, including child custody. Pursuant to RCW 26.09.191(1)(c), a final parenting plan cannot require the parents to engage in mutual decision-making where the court finds a parent engaged in a history of domestic violence. A mother recently appealed a court order granting…
Parents have a liberty interest in their fundamental right to autonomy in raising their children. Courts must therefore give weight to a parent’s decision to deny visitation to the child’s grandparents. A court can only order Washington grandparent visitation over the objection of a fit parent if the grandparent shows…
When parents separate, there often comes a time when one of them wants to move. Relocation can cause issues with co-parenting. Under Washington family law, when a custodial parent wants to move with the child, there is a rebuttable presumption the move will be allowed. The other parent may rebut…
Washington family law recognizes the Committed Intimate Relationship (CIR) doctrine, which was judicially created to resolve the property distribution issues of unmarried couples who had acquired property that would have been community property if they had been married. If a court determines there was a CIR, the court must make…
Under Washington family law, spousal maintenance may generally only be modified upon a “substantial change in circumstances.” RCW 26.09.170. In considering whether a substantial change has occurred, the court should consider the spouse’s ability to pay in relation to the other spouse’s financial need. A substantial change must not have…
Sadly, suspicions or allegations of abuse sometimes arise in Washington custody cases. Although there may be circumstances where a party makes an allegation in an attempt to affect the custody case, some parents have sincere concerns about their children. A father recently challenged an order that he pay the mother’s…
When a couple reaches an agreement regarding their divorce, it is not uncommon to agree that any disputes regarding the agreement are subject to arbitration. Generally, Washington law favors arbitration. In a recent case, however, a husband challenged a court’s decision not to refer a matter to arbitration. The couple…
Courts handling Washington child custody cases should base their determinations regarding parental responsibilities on the best interests of the child. The court has broad discretion in determining the parenting plan. However, the court must place restrictions on a parent’s decision-making if it finds he or she has a history of…
Once a Washington divorce decree is issued, a maintenance award can only be modified by the court when the party seeking the modification shows a substantial change in circumstances. A fact unknown to the trial court or an unanticipated fact that arises after the decree is entered may constitute a…
Washington child custody rules do not favor modifying parenting plans to decrease visitation. A court may, however, modify a parenting plan if it finds, based on information that occurred after the decree or that was unknown to the court at the time, that there has been a substantial change that…