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.
2 Answers from Attorneys
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.
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