Legal Question in Family Law in Washington

Location of filing & custody

My daughter husband went to file

for divorce today but was unable to

due to money. He is in the military

in Washington. They were married

in Washington but are Texas

residents. Can my daughter & granddaughter come back to Texas to file a divorce & retain a lawyer in

Texas? Or do they have to stay in

Washington to file & retain a lawyer

there? My granddaughter was born

in Texas while her father was on

deployment. She has lived half her

life in Texas. I want to help my daughter. This marriage should have been dissolved last year when

my son-in-law committed adultery

while on deployment. He has now

threatened to file for full custody

of their daughter. Thank you for

your help. Oh, he is getting out of

the military is September.


Asked on 4/10/07, 5:25 pm

2 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: Location of filing & custody

Your daughter can visit you whenever she wishes and for as long as she wants. If she wants to file for divorce in TX, she has a 6 month residency requirement before the divorce can become final. The smartest thing you can do for your daughter is to get her to a lawyer as soon as she arrives for her extended visit. Good Luck.

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Answered on 4/10/07, 6:01 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: Location of filing & custody

It depends on how old your granddaughter is. I can't tell from your facts. If your granddaughter has lived here for more than six months, then WA has jurisdiction.

If your daughter visits you in TX and her husband files here in WA, the child will be under the jurisdiction of the WA courts and she *could* have to return with the child or give up custody, depending.

So, I have to respectfully disagree with Mr. Grissom, based on how WA interprets the UCCJEA.

WA is a no-fault state, adultery allegations are irrelevant. Custody is decided based on who has been the child's primary parent, not on how angry and hateful the parents are.

If he's on active duty, and she's a stay at home mom, chances are his request for "full custody" will be denied.

I would be happy to give you a referral to a couple of my colleagues who are well versed in military issues.

Hope this helps. Elizabeth Powell

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Answered on 4/10/07, 6:46 pm


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