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How Do I Change Child Custody and Support Payments in Washington?

How Do I Change Child Custody and Support Payments in Washington?

Full question:

I live in Washington State and am the legal guardian of my 15 year old daughter. I want to move with her to San Diego and need to know which forms I need to move her there. Her father is a legal parent. She wants to live there with me and spend summers and holidays with him. Also, I want to do a child support modification as I will need more funds to take care of her. How should I go about this process??

Category: Modification
Date: 04/07/2025
State: Washington

Answer:

When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification.

A child support order must be modified through the court, as oral agreements are not enforceable. A custody order may also be modified if necessary. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child support or custody may be modified if there is a significant change of circumstances. A significant change of circumstances may include, among others, a relocation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How does guardianship work in NM?

In New Mexico, guardianship involves a legal relationship where a person (the guardian) is appointed by the court to make decisions for another person (the ward) who is unable to make those decisions themselves. This can apply to minors or incapacitated adults. The process typically requires filing a petition in court, notifying interested parties, and attending a hearing. The court will evaluate the best interests of the ward before granting guardianship. It's important to consult with an attorney for guidance through this process.

Can you be a guardian of an adult in another state?

Yes, you can be a guardian of an adult in another state, but the process can be complex. Generally, you must petition the court in the state where the adult resides. Each state has its own laws regarding guardianship, so you will need to comply with those requirements. It's advisable to seek legal advice to navigate the specific procedures and ensure all necessary documentation is properly handled.

Can you get guardianship of someone in another state?

Obtaining guardianship of someone in another state is possible, but you must follow that state's legal procedures. Typically, you would file a petition in the court where the individual resides. The court will assess the situation and determine if guardianship is in the best interest of the person. Consulting with an attorney familiar with the laws in that state is recommended to ensure compliance with all requirements.

What disqualifies a person from being a guardian?

Several factors can disqualify a person from being a guardian, including a history of abuse, neglect, or substance abuse. Additionally, if the person has been convicted of a felony or is unable to manage their own affairs due to mental incapacity, they may be disqualified. The court will evaluate the suitability of a guardian based on the best interests of the ward.

How does guardianship work in Washington state?

In Washington State, guardianship is a legal process that allows a person to make decisions for another individual who is unable to do so. This can apply to minors or incapacitated adults. To establish guardianship, you must file a petition in court, notify interested parties, and attend a hearing. The court will assess the proposed guardian's suitability and the best interests of the individual needing protection. Legal guidance is recommended to navigate this process effectively.

What does it mean to be someone's guardian?

Being someone's guardian means you have the legal authority to make decisions on their behalf, typically because they are unable to do so due to age, incapacity, or other reasons. This includes decisions about healthcare, education, and living arrangements. Guardianship is a serious responsibility and requires acting in the best interests of the person you are caring for.