A Washington Court of Appeals recently differentiated 50/50 shared parenting plans from plans in which there is a named primary residential parent with respect to the intent to move with the child.

“A proposed relocation that would modify a joint parenting plan’s equal residential time to something less than equal residential time is in effect a change in residential placement. Such a change in residential placement requires an adequate cause finding under the modification statute. We therefore conclude that the CRA does not apply to a proposed relocation that would modify the joint parenting plan’s...Read More

Many high school seniors are looking ahead to college, university, or technical school later this year. Faced with rising tuition costs, most of their parents wonder how they will help pay tuition in the Fall. If you have an Order of Child Support, post-secondary support can be ordered to contribute to the cost of tuition, books, housing, and other related expenses. However, you must be careful to ensure the issue is addressed timely or risk waiving the opportunity to seek ongoing support after high school graduation.

In most cases, the issue of post-secondary support is reserved in the Order of...Read More

When you and a partner have a child (or children) together and then terminate your romantic relationship, it can be extremely difficult to maintain some semblance of amicability while co-parenting. It is certainly commendable for those who are able to do so throughout, but seldom will this be the case for the duration of your child’s life or children’s lives. Differences in opinions on child rearing, one party’s inability to conform to a schedule, and disagreements regarding extracurricular activities are just some of the issues that may frustrate you to the point you want to take action.

WHAT NOT TO...Read More

As a result of a major six-year overhaul by the Access to Justice Board, new “Plain Language” Family Law Forms are currently available on  https://www.courts.wa.gov/forms and mandatory to be used in all family law cases as of July 1, 2016.

The purpose for the overhaul was to make the court forms more comprehensible for Pro Se litigants, the benefit being that some of the legalistic and archaic language has been removed and most forms provide check boxes for further simplification.

As this is a new endeavor for the Access to Justice Board,...Read More

If you are in a marriage-like relationship with another adult, referred to as a “meretricious relationship” or a “committed intimate relationship,” but not legally married, Washington State courts can still determine the division of debts and assets you acquired during the relationship.

In order to determine whether you and your former partner fall into the definition of a “committed intimate relationship” the Court will consider the following 5 factors:

• Continuous cohabitation;
• Duration of the relationship;
• Purpose of the relationship;
• Pooling of resources and services for joint projects; and
• The intent of the parties.

Similar to what...Read More

Washington State has legalized the use of marijuana.  Clients are now frequently asking whether or not their use of marijuana will impact their divorce or a custody determination.  Much like alcohol use (or abuse), it depends on whether the use of marijuana has an impact on a parent’s ability to parent.  Under RCW 26.09.191(3)(c), “A parent's involvement or conduct may have an adverse effect on the child’s best interests, and the court may preclude or limit any provisions of the parenting plan, if any of the following factors exist: .  . . A long-term impairment...Read More

High School graduation is on the horizon. Your child may have plans to attend college or vocational school in the fall. How (or who) is going to pay the expense? Courts in Washington state have the authority and discretion to determine whether the parents must pay.

If you have an Order of Child Support, the issue of post-secondary support may already be addressed. Depending upon the age of the child at the time the order was entered, the issue of post-secondary support may have been reserved for later determination provided the issue is addressed timely. Although...Read More

In a recent Washington State Court of Appeals case, the appellate court indicated a termination trial (i.e., the termination of a parent-child relationship) in an adoption matter should be open to the public. Because of a procedural error, the appellate Court did not make such a ruling but ruled the appellant father, whose parental rights were terminated, raised a constitutional claim of error to RCW 26.33.060, which states, in part, as follows: “All hearings under this chapter shall be heard by the court without a jury…The general public shall be excluded and only those persons...Read More

When a Decree of Dissolution of Marriage is entered, the Court may order a spouse’s name to be changed at his or her request. Often, a spouse will want to assume their maiden name, particularly if the marriage was for a brief period of time.

A name change is not limited to divorce proceedings. Anyone can change their name or that of their child by filing a petition for a name change in the District Court of the county where he or she resides. The Court will grant the change of name in its discretion. ...Read More

The Washington State Court of Appeals upheld the trial Court’s decision to deny quasi-judicial immunity to a Guardian ad Litem (GAL) because the GAL acted outside his statutory GAL functions, as alleged in the complaint.

Slip Opinion

BERESFORD BOOTH PLLC has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice.