A trial court in a Washington divorce case has broad discretion to justly and equitably distribute the property. The court must analysis the relevant factors as set forth in RCW 26.09.080. The court may distribute both community and separate property and does not need to find exceptional circumstance to support…
Allegations of domestic violence can affect a Washington custody case. A Washington appeals court recently considered whether a child could pursue a Domestic Violence Protection Order (“DVPO”) against his mother after another court denied his father’s petition to modify custody based on the same domestic violence allegations. Walla Walla County…
Pursuant to RCW 26.09.191(5), a court in a Washington custody case may not draw presumptions from the provisions of the temporary parenting plan when it enters a permanent parenting plan. The court must instead base the permanent residential custody on the child’s best interest as determined at trial. The court…
In a recent Washington custody case, a mother challenged a parenting plan that required her to undergo a particular form of therapy to receive equal residential time with the child. An appeals court reviews the provisions of a parenting plan under a manifest abuse of discretion standard, meaning the trial’s…
Washington family law recognizes Committed Intimate Relationships (“CIRs”), which are stable relationships, similar to a marriage, in which the parties live together knowing that they are not lawfully married. CIRs have also been referred to as “meretricious relationships.” Washington courts consider five factors to determine if a CIR exists: whether…
Trial courts have broad discretion to create a parenting plan, and abuse that discretion only if they make a decision that is manifestly unreasonable or based on untenable grounds or reasons. In re Marriage of Littlefield. A mother recently appealed a parenting plan allowing the father parenting time on the…
Who gets to claim the children as dependents on their tax returns can be a contentious issue in a Washington custody case. A father recently sought a contempt order against the mother when she claimed one of the children as a dependent. According to the appeals court’s unpublished opinion, the…
In some circumstances, Washington family law may recognize a person as a de facto parent, or a person who is not a child’s biological or adoptive parent, but who has the rights and responsibilities of a legal parent. A person seeking to be declared a de facto parent must prove…
Washington family law recognizes a rebuttable presumption that relocation of a child under a parenting plan will be permitted. That presumption does not apply, however, if the parents have “substantially equal residential time.” “Substantially equal time” generally means the child spends at least 45% of their residential time with each…
When a parent seeks a Washington domestic violence protection order (“DVPO”), they may want to include their minor children as protected parties. If the protection order is against the other parent, it can affect that parent’s visitation and custody. In a recent case, a mother appealed a DVPO that did…