Divorce Modification With Agreement In Wake
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FAQ
Washington prioritizes the needs of the child, and there are many scenarios in which evenly shared custody works best for the child. Washington does not have a specific law that gives a 50/50 custody presumption. However, the state does promote joint custody in many cases.
Parenting time and child support, which are also part of a final decree, may also be modifiable. At the time a divorce is finalized by court order, so are visitation and custody agreements.
You can file for custody prior to the filing for divorce if you are living separate and apart from your wife. You should consult with a family law attorney in your area for assistance with this application.
If your question is, “Can I get a custody agreement without filing for divorce?”, the answer is “Yes”—but you need to understand how that process works in California. At Abdallah Law, A.P.C., I serve the best interests of clients and their children throughout Northern California and the rest of the state.
Yes, you can get married during a custody battle and it won't affect your case since the judge decides the custody based on the best interests of the child.
Yes, if all involved parties are in agreement with the change and sign off on it. If the mediation is the result of a court action the change must take place before it becomes a record of the court. Otherwise you must petition the court for a change.
Yes, you can amend a marital settlement, with both parties agreeing.
Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers.
The court cannot change the terms of an agreement signed by you and your spouse. However, the court may insert directives in the Judgment of Divorce which are relate to the method or conditions of the transfer of title.
If a divorce decree has been issued, you can only contest it in extraordinary circumstances. You can still try to contest the term of the divorce, but you would face an uphill battle since you already agreed to them.
