Washington family law allows for modifications of the final divorce decree for child custody, visitation, child support, and spousal support, but not property and debt division. Child custody, visitation, and support remain under the control of the court until the children are legally emancipated.
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.
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.
Yes, you can amend a marital settlement, with both parties agreeing.
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.
Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers.
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.
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.
Modification of the decree is done by filing a Petition to Modify the Decree and supporting documents demonstrating a substantial change of circumstance with the court, and serving those documents on the opposing party before the child is emancipated.