Family law is a broad area of legal practice, including separation, divorce, custody, paternity, support, property division and modifications. It can include many complicated issues like paternity, visitation restrictions, and restraining orders. It can involve many legal issues that cross disciplinary boundaries, such as real estate rights, pensions and retirement plans, income calculation, taxes, child custody issues, and restraining orders. It frequently is one of the most stressful events a person can go through, and involves the shattering of a lifelong dream. The articles written below are offered to give you general background information that may be helpful to you. If you need further assistance in a family law matter, please contact us by phone or email.

Third Party – Grandparent Custody

January 30, 2025 Peter Mogren Family Law Actions, Parenting Plans, Custody, Modifications 0 Comments

Family Law: Third Party – Grandparent Custody in Washington

There is a specific statutory section governing third party or grandparent custody cases (RCW 26.10). Third party refers to anyone other than the biological parents (grandparents, aunts, uncles, other friends and neighbors), who wants to seek custody of the child.

Third parties may seek custody of minor children where either both parents are unfit, or where the children have been voluntarily placed with the third party by the parents. As with other custody cases, temporary orders may be entered depending upon the circumstances. If the case is not settled, the third party will have to prove their case at trial. They must show that it would be detrimental to place the child with an otherwise fit parent. Along with the entry of a Parenting Plan, the court will also enter an Order of Child Support.

The third party custody statute also contains language permitting the parties to obtain visitation only. However, this statute has been declared unconstitutional by both our State Supreme Court and the U.S. Supreme Court. Third party visitation rights are no longer valid in Washington.

Third party or grandparent custody cases are usually a rescue action for children in danger. Usually, the grandparent does not want to act as “parent” again, but feels that they have to intervene for the safety and well being of the child. If this is necessary, it is important to know that there is a statute that permits you to step in and protect your grandchild or grandchildren.

Grandparent Visitation

March 23, 2018 Peter Mogren Family Law Actions, Parenting Plans, Custody, Modifications 0 Comments

Family Law: Grandparent Visitation in Washington

In 1973, the Washington State legislature authorized the rights of grandparents to petition the court for visitation with their grandchildren. In 2000 the US Supreme Court in Troxel v. Granville, ruled the statute unconstitutional. After the legislature amended the statute, in 2005 the Washington State Supreme Court in the case In re Parentage of C.A.M.A., declared the statute unconstitutional. As a result, while the statute has remained on the books, there has been no right to for grandparents to petition the court for visitation of their grandchildren in the State of Washington. The root of the problem was that the statue stated created a rebuttable presumption that visitation with a grandparent is in the best interest of the child. The statue gave the presumption to the grandparents, not the parents, infringing upon the constitutional rights of fit parents to control the visitation of their children.

In March, 2018, the legislature approved a new statute, granting relatives, including but not limited to grandparents, the right to seek visitation with a child through the courts. The statute presumes that a fit parent’s decision to deny visitation is in the best interest of the child, and places the burden of proof on the petitioner’s to overcome this presumption by clear and convincing evidence that the child would likely suffer harm or substantial risk of harm if the visitation between them and the child was not granted.

The petitioner may only petition the court if 1) they have an ongoing and substantial relationship with the child, 2) they are a relative of the child, and 3) the child is likely to suffer harm or substantial risk of harm if visitation is denied.

The court can order the petitioner to pay the respondent’s attorney fees in advance of any hearing after considering the financial resources of all parties. If granted, the petitioner will have to pay all transpiration costs associated with the visitations.

If you see the need to get a court order for visitation rights of a child, or feel you need to have your rights protected, please contact an attorney at Mogren, Glessner & Ahrens to discuss your rights under this new statute.

Pets in Divorce

June 17, 2015 Peter Mogren Property Division in Divorce, Custody 0 Comments

In many divorce or legal separation settlements, the most complicated matters to resolve are child custody arrangements and the division of the couple’s assets. In recent years, however, more and more couples have found themselves caught in a legal battle somewhere between the two: custody disputes over pets. How do the courts handle pets in divorce in Washington? Under Washington law, a pet is considered just another piece of property, but many pet owners see their favorite animals as much more than that.

Contrary to popular belief, many animals do not see their human caregivers as interchangeable sources of food and shelter. Dogs, cats, and other animals do have different relationships with different people, including varying levels of closeness and willingness to obey. In other words, it does matter which person a pet ends up living with after a separation. Unfortunately, the law has not been updated to reflect this reality. Many family law judges are unfamiliar with animal behavioral issues, and may not take pet custody disputes seriously. As a result, most divorcing couples with pets are left to settle the matter between themselves.

Some couples agree on a joint custody arrangement; perhaps the pet will alternate homes each week or so, or perhaps one owner will have custody on the weekends. Unfortunately, many pets find this amount of moving around very stressful. The matter can be further complicated if one owner moves out of state or suddenly refuses to let the former spouse visit the pet.

Child Support Arrearage

June 17, 2015 Peter Mogren Child Support 0 Comments

Child support is a large part of any divorce settlement in which children are involved. Beginning in the 1980’s the government placed a more intense focus on enforcing child support payments and going after those who did not comply with their part of the arrangement.

Arrearages. Overdue child support payments are called arrearages. This can occur because of a failure to maintain work, inability to find work, or just simple refusal to pay. Washington judges have become increasingly strict about enforcing child support orders and collecting payments in arrears. If there is not a valid reason for the failure to pay, the court can find the non-paying parent in contempt. Back child support typically accrues at the statutory interest rate of 12%.

Excusing Child Support Debt. Typically, a judge cannot retroactively modify the amount required by a child support obligation. A parent can seek a modification of future support however. Doing so will help them avoid paying the high amount of support owed at the time if they are unable to do so due to reduction in wages or increase of debt. If the parent does not seek a modification, the parent who receives the child support can file to collect the total arrearage, in which case the court will require that the entire child support debt be paid.

If you are facing difficulty receiving or paying for child support, you need the support and advice of a family attorney who cares about the well being of your family. Child support debt is an issue that needs immediate attention so that your children continue to be cared for and you do not face mounting debt.

Deposition in Divorce

June 17, 2015 Peter Mogren Procedure 0 Comments

In contested cases, a great deal of work goes into preparing the case for trial. Sometimes, it is necessary to conduct a deposition. A deposition is testimony taken under oath (under penalty of perjury) in advance of a trial.

Typically, a deposition is taken both to learn information, and to “box” a witness into a story. Deposition testimony may be may be used against that witness in court. Therefore, it is a very useful tool for attorneys, both in investigation and preparation.

A deposition is a formal question and answer session. The subject matter typically relates to the contested issues in the case. In divorces, depositions often focus on the financial affairs of the spouses and any issues relevant to legal custody/physical placement determinations. Often, the person being deposed is required to bring certain documents to the deposition. In those instances, the deponent will almost surely be asked questions about those documents.

The person being deposed is known as a “deponent.” Depositions may involve only the parties (husband and wife). In more complex cases, family and friends may be deposed. If there are any expert witnesses involved in the case, they may be deposed as well. Experts may include appraisers, accountants and psychologists.

Depositions are usually conducted at the office of one of the attorneys in the case. In our office, we hold depositions in the conference rooms. A court reporter is present to transcribe all of the questions and answers for the record. Court reporters are hired by the attorney requesting the deposition. More rarely, a deposition is videotaped as well. If a deposition is videotaped, that is usually done by a professional videographer.

The length of an individual deposition varies. Generally, the more complex and acrimonious the case, the longer the deposition will be. There is no Washington law which specifically limits the amount of time a deposition may take. However, a deposition cannot be taken solely for the purpose of harassment or intimidation.

Anyone who is part of a deposition may order copies of the official transcript from the court reporter who transcribed the testimony. A witness is allowed to read and review his or her testimony. However, the contents of the transcript cannot be changed.

If you are subpoenaed to appear at a divorce deposition, you should consult an experienced divorce lawyer to learn about your rights.

Prenuptial Agreement

June 17, 2015 Peter Mogren General Information, Family Law Actions, Wills and Estate Planning 0 Comments

Family Law: Prenuptial Agreement

A Prenuptial Agreement is a contract entered into by two people before their marriage. They redefine the laws of the State of Washington and how it applies to their specific marriage. They often decide how property will be divided if they get a divorce, legal separation, annulment, of when one of them dies. Some couple wait until after they are married to make these agreements, then the contract is a marital (or post-nuptial) agreement.

In general, a Washington Prenuptial Agreement is more likely to be enforced by a court if the contract is fair and if both parties are honest and clear about their finances, including income, assets (including values), and liabilities. Sometimes a couple will not follow the agreement while they are married, and this can make the agreement unenforceable.

Prenuptial Agreements are very complicated and are often not enforced by a court if they are not carefully written. Attorneys can help make an agreement more enforceable. It is a good idea for both parties to have independent legal advice (meaning each of you have different attorneys) and help in drafting the contract. Please call us at 425-255-4542 to discuss your situation with one of our family law attorneys.

Service of Process

June 17, 2015 Peter Mogren Procedure 0 Comments

Why is service in a legal action so important? We have a constitutional right to due process. That means you have to receive notice of a legal action against you so that you have the right to respond and contest it. The way you get notice is by being personally served with a copy of the legal action. If you ignore that service, then the moving party can take a default judgement against you, receiving what they petitioned for. In Washington, the summons requires you to respond within 20 days (60 if you are being served outside of the state). If you appear, the moving party cannot take a default against you without giving you notice first. The proper way to appear is to file a Response to Petition with the court, and serve a copy on the petitioner or their attorney. Do not ignore service of process.

There are a variety of ways get service of process. The best way is to get personal service on the other party. The pleadings must be served by someone other than a party to the lawsuit, and they must be 18 years of age and of sound mind. They should file a Declaration of Service in the court file, verifying that it has been done. You can also get substituted service, by serving an adult who lives in the house with the respondent. In some cases, if you cannot locate the respondent, you can get court permission to serve them by mail or by publication in a local newspaper.

If the other party was not properly served and did not have legal notice, and you take a default, you run the risk of them coming back several months later and moving to vacate the default, and starting the action all over again.

Equal vs. Equitable Division of Assets

June 17, 2015 Peter Mogren Property Division in Divorce 0 Comments

In Washington, the legal standard for the division of property and debts is not to divide things equally. At first glace, you might think that it should be. However, the legislature has determined that is not the standard to be used by the courts. An equal division of assets could result in the forced sale of assets and also an unfair result considering all of the circumstances of the parties.

In Washington the legal standard is the division of assets and liabilities that results in a fair and equitable division. If the parties cannot decide what this is, then the court will divide things as the court deems fair and equitable.

If the two spouses have equal standards of living (income and expenses) at the time of divorce, an equal division of assets may be fair. If however they do not have equal standards of living (one has been a homemaker while the other has advanced their career), one may require a greater share of the property to cushion the income loss they will suffer after the divorce. In that situation, the court may deem it fair and equitable to give that spouse a greater than equal division of the assets.

Lincoln County Divorce

June 17, 2015 Peter Mogren General Information, Procedure 0 Comments

In the past, Lincoln County was the preferred county in Washington to file for divorces prepared by paralegals. The reason was because paralegals could not appear in court, and Lincoln County was the only county in Washington that would allow the entry of a Decree without personal testimony. Therefore, paralegals would prepare the documents for clients and then would file in Lincoln County. The paralegal could then could finalize the divorce without appearing in court.

Recently, King County eliminated the necessity for personal testimony in entry of a Decree. Instead, a simple written Declaration by the client will suffice. This eliminates the need for paralegals to file in Lincoln County. In addition, many divorces are finalized digitally, without the necessity of anyone appearing in court.

This also eliminates many problems for clients, when years later, there is a legal issue and you need to return to court. If you reside in King County and the Decree is in Lincoln County, you have a problem. You either have to litigate the issue the other side of the mountains (just outside of Spokane), or transfer the case back over to King County.

There is no longer a need to file in Lincoln County (unless you live there). You should file for divorce in the county in which you reside and it is (and will be) convenient. If you have a Lincoln County divorce, and need assistance, please contact our firm.

Grounds for Divorce

June 4, 2015 Peter Mogren General Information, Family Law Actions 0 Comments

Family Law: Grounds for Divorce in Washington

What are the grounds for divorce or dissolution of marriage in Washington? Washington is a no-fault divorce state. That means that you do not have to prove any specific grounds for a divorce. The only legal basis for a dissolution of marriage (divorce) in the State of Washington is for one party to allege that the marriage is irretrievably broken. If one party makes this allegation, then the court will dissolve the marriage.

Prior to 1970, it was necessary in Washington to establish a legal basis for divorce (infidelity, etc.). This is no longer necessary, and the court will not even want to hear about it. The reason may be an important emotional issue to you, however, the court is not interested and does not want to establish blame.

RCW 26.09.030 provides that if one party denies that the marriage is irretrievably broken,the court can order counseling for 60 days. If after this, one party still alleges that the marriage is irretrievably broken, the court must enter a Decree of Dissolution.

Please call us at 425-255-4542 to discuss your situation with one of our experienced family law attorneys. Please review the other articles in our web page to find out other relevant information about divorce. Our firm has been in existence since 1942 and are available to assist you in your legal needs.

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