Understanding Family Law in Seattle, Washington

In situations where a child is born to unmarried parents, Washington recognizes the parenting rights of the mother. However, unmarried fathers can enjoy all of the legal rights of married fathers by taking a few additional steps. They will need to establish paternity, which can be accomplished through naming both parents on the child’s birth certificate or signing a paternity acknowledgment. In some cases, it may work best to go through the court system to confirm that you are the child’s biological father, therefore entitling you to parental rights. For more information about paternity issues or parental rights in the greater Seattle area, we invite you to contact the Hemmat Law Group to get started.

Washington recognizes that families take many different forms. Unmarried parents can still create a

parenting plan that protects and ensures the best interests of their children. Even if you and your child’s other parent have separated before the birth of your child, you both have parental rights regarding custody, visitation, and child support matters. Essentially, the court puts the child’s needs above all else when approving or establishing a parenting plan. As long as one parent does not pose a threat to the child’s safety or wellbeing in some way, the court will likely grant a custody agreement that includes both parents—married or not.

Once paternity (also called parentage) has been established in Washington, the parent can enjoy a legal relationship with the child. However, once paternity is established, this parent may be responsible for child support obligations. For example, if a DNA test confirms that you are the father of the child, the other parent can seek child support payments to assist with the costs of raising the child. Whether you are seeking to establish paternity or you are wondering how establishing parentage could affect your financial situation and other responsibilities, our dedicated and knowledgeable legal team is here to help.

Disputes about paternity can arise, and these matters may need to be resolved in court. For instance, a spouse may challenge paternity if they discover that their partner was unfaithful at the time of the child’s conception, or there is reason to believe that a parent is not the biological father of the child. If you have concerns about paternity, this could affect custodial rights, parental rights, and child support obligations. We encourage you to reach out to the Hemmat Law Group for the customized legal assistance you need to move forward.

Prenuptial agreements are a tool to help a couple plan for the future, no matter what it may bring. When you put a prenuptial agreement in place, you can address how your existing and future assets and debts should be handled and divided in the event of a separation or divorce. Although Washington state does not provide a legal statute that governs prenuptial agreements, the court will use contract law principles to address and resolve any issues that arise concerning the application or enforceability of a prenuptial agreement.

There is no official form to complete when putting together a prenuptial or postnuptial agreement. Although several generic and cost-effective templates are available online, it’s worth recognizing that these tools often include vague language that fails to sufficiently protect your best interests. As you and your partner work together on your prenuptial or postnuptial agreement, you may consider enlisting the guidance of one of our experienced family law attorneys who can help you articulate your goals and draft agreements that are customized to address your specific needs.

Washington laws allow spouses to cancel or revoke a prenuptial agreement, provided that both spouses agree. You can also amend the terms of your prenuptial agreement at any time, even after you are married. However, your agreement to change or cancel the prenuptial agreement must be made in writing, then signed and notarized. In cases where one spouse does not agree to changing or revoking the prenuptial agreement, there may be other options available through the court system. Reach out to our office today to learn more.

You can use marital agreements (i.e., prenuptial or postnuptial agreements) to address how to allocate assets and debts in the event of a divorce or legal separation. Additionally, potentially complex issues like spousal maintenance and life insurance can be addressed in these agreements, minimizing the likelihood of long and contentious legal battles in the event of your separation. It’s important to note that prenuptial agreements cannot be used to decide child custody or parental rights matters. Reach out to the Hemmat Law Group today to learn more about how establishing a prenuptial agreement may help to protect your best interests.

Washington state does not require couples to put martial agreements in place. It’s completely up to you and your spouse or life partner to establish a prenuptial agreement or postnuptial agreement. The benefits of taking this step include creating clear guidelines for the allocation or division of assets and debts in the event of your separation. Moreover, many couples who take the time to set up a prenuptial agreement find the process to be empowering, as it encourages them to work together to plan for the future—regardless of what it may look like.

Guardianships and conservatorships provide various protections for vulnerable individuals in Washington state. Guardians and conservators go through a legal process to be appointed to these positions. While guardians serve as the decision makers for an individual’s safety, health, and wellbeing, conservators look out for a person’s property and finances. Ultimately, both guardianships and conservatorships are intended to support and protect the best interests of the vulnerable individual who may be temporarily or permanently unable to make such crucial decisions for themselves.

Guardianship of a minor (formerly known as non-parental custody) allows a third party (i.e., an adult other than the child’s biological parents) to serve as a fiduciary for a child under the age of 18. In order to establish a minor guardianship in Washington state, you will need to complete and file the necessary paperwork for the court to review. If the court believes that appointing you to serve as the guardian for a minor serves the child’s best interests, the guardianship will be approved.

Washington courts recognize that concerned parties have the right to contest or seek the termination of a guardianship. If you wish to alter the terms of a guardianship or you believe that ending the guardianship is in the best interest of the protected individual, you may submit a complaint to the court or work with an attorney to file a motion to modify or terminate the guardianship. The court will review these documents, work with a guardian ad litem or other official to investigate the concerns raised in the complaint, and determine whether to hold a hearing or dismiss the complaint as frivolous. If you have any questions about the guardianship process in the greater Seattle area, please contact the Hemmat Law Group for the customized legal guidance you deserve.

Under RCW 11.130.230, “a guardian for a minor has the duties and responsibilities of a parent regarding the minor’s support, care, education, health, safety, and welfare.” Guardianships established for a vulnerable or incapacitated adult also require the legal guardian to make critical decisions about the protected person’s care, health, support, and welfare that safeguard their best interests above all else. Legal guardians have a fiduciary duty to look out for the best interests and wellbeing of these individuals. Learn more about the role of legal guardians by contacting our office today.  

Conservatorships may be appropriate when an individual becomes unable to manage their financial affairs. When this happens, the court may appoint a conservator to make these important decisions on behalf of the vulnerable person. To set up a conservatorship, a concerned party (such as a family member, friend, or public official) files a petition with the court to appoint a conservator. A court investigator will interview the prospective conservatee to assess whether the individual is indeed incapacitated and if they would benefit from the appointment of a conservator. The matter will move to a hearing, where the court will review the assessment and the petition to determine whether to grant the request for the conservatorship. At the Hemmat Law Group, we are here to guide you through the conservatorship process and answer any questions as they arise.

When it comes to family law matters, Washington courts believe in upholding the best interests of children as much as possible. For many children, enjoying regular contact with their grandparents allows them to grow, thrive, and feel a sense of belonging. Whether you are a grandparent seeking to spend more time with your grandchildren or a parent who is concerned about a grandparent’s ability to interact safely with your child, our knowledgeable and caring family law attorneys are prepared to help you identify the most strategic path forward to achieve your desired outcome.

Every child deserves to live in a safe and loving environment. Unfortunately, there are times when the child’s biological parents are unable to provide a secure and stable living environment (i.e., due to drug addiction, abusive behavior, or other unsafe habits). If this is the case, the court may grant custody to the child’s grandparent to ensure that the child receives the care and support they need. A grandparent may petition the court for visitation rights or custodial rights if there is significant evidence that this arrangement would protect the child’s best interests.

If you are a grandparent hoping to spend time with your grandchild, you may petition the court for visitation rights. As of 2023, RCW 26.11.020 allows nonparental relatives (including grandparents) to petition the court for visitation rights. When the court reviews these petitions, it will consider several factors, including the strength of the relationship between the grandparent and the child, the ongoing nature of the relationship, the age of the child, the child’s wishes (as long as the child is old enough to express their wishes), and the risk to the child if this relationship should be terminated. For more information about grandparent visitation rights and requests, reach out to the Hemmat Law Group to get started. 

Washington state recognizes many types of adoption, including relative adoption (i.e., the adoption of a child by a grandparent, aunt, or other family member). In cases where the child’s biological parents are absent or unfit to care for the child, a grandparent may adopt the child and be awarded parental rights. However, these cases can become complicated, especially if the biological parents are contesting the adoption and have not consented to this action. The dedicated legal team at the Hemmat Law Group is ready to explore the details of your situation and identify the most suitable course of action. We invite you to get in touch with us today to discuss your options.

In some cases, a child’s biological parents are unfit to care for the child. For instance, if the custodial parent (or both biological parents) struggle with drug addiction, severe or unmanaged mental health issues, or exhibit signs of abuse or neglect, the court may determine that awarding custody to the child’s grandparent is the best option. Grandparents may seek or be awarded custody in cases where this arrangement serves the child’s best interests. Or, the death of a parent may warrant the awarding of custody to a grandparent, especially if the surviving parent is absent, incarcerated, or otherwise unable to assume responsibility for the child.

When parents divorce in Washington state, one parent may decide to or need to move elsewhere for job opportunities or other considerations. However, the decision regarding the relocation of the child can become fraught and challenging. The parent who intends to remain in Washington can object to the other party’s request to relocate with the child. The judge will review several factors before issuing a decision, including the strength, nature, quality, and involvement of the parent-child relationship, any previous or existing agreements between the two parties, whether moving away would hurt the child’s relationship with either parent, the proposed reasons for relocation, the age and needs of the child, and several other considerations. In other words, it’s possible for a parent to move to a different state with their child, but there will likely be a legal process to work through before this matter can proceed.

If an existing temporary or permanent child custody order is in place, the custodial parent wishing to relocate with the child must provide written notice of your intent to relocate to the non-custodial parent at least 60 days before the date of the move. When the non-custodial parent receives the written notice, they have 30 days in which to file an objection with the court. If they do not do so by the 30-day mark, the custodial parent is free to move with the child. As the non-custodial parent, you have the right to object to the relocation request and take the matter before a judge. For more detailed information about relocating with children after a divorce, reach out to the Hemmat Law Group today.

As with any family law case that involves children, relocation requests are made with the best interests of the child prioritized above all else. The court will review a parent’s relocation request and consider several factors, such as the quality of the child’s relationship with each parent, how the child’s relocation could affect their social and emotional wellbeing, the age and needs of the child, and many other relevant details. In most cases, the court will hold a hearing during which you can make your concerns known. You can learn more about your rights during the relocation request process by contacting our office to discuss your situation.

The non-custodial parent has the right to object to the custodial parent’s proposed relocation. As soon as you receive written notice about the relocation, you have 30 days in which to file an objection and take the matter to court. However, if the custodial parent did not provide written notice or seek the court’s permission to relocate with the child, the judge may charge the parent with a contempt order or impose other penalties. Ultimately, even if you are facing objections from the other parent, you will have the opportunity to present your case at a hearing and demonstrate why relocating with your child will serve their best interests. Enlisting the support of a trusted and experienced family law attorney is highly recommended to maximize your chances of a successful outcome.

In cases where both parents agree to the relocation and this move does not affect the current parenting plan, no changes will need to be made. However, if the proposed relocation requires changes to the parenting plan, either party may file a petition to modify the existing child custody order or parenting plan. These matters can become complicated, so you can always enlist the guidance of a dedicated and compassionate Seattle family law attorney to support you through this process and advocate for the best interests of you and your child at every opportunity. Contact the Hemmat Law Group today to get started.