A Parent's Advocate:
Stuart E. Brown guides his clients through the most difficult and emotional legal problems that a parent can experience. Parental rights are important and sacred, and family lawyer Stuart E. Brown has the know-how and experience to help protect those rights.

Contact Stuart Brown when you need help with:

• Child Custody
• Child Support
• Jurisdictional Issues
• Spousal Support (Alimony)
• Visitation
• Divorce
• Adoption

Parents Need to Protect Their Rights in Custody Cases:
No area of family law brings to the courtroom the tension, anxiety, hostility and raw emotion as child custody and visitation litigation. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children.

The clients of Attorney Stuart Brown always receive the benefits of his best efforts, and he works hard to help them. His office provides excellent, conscientious service to parents with child custody, child support and related issues in Seattle, Washington and in the courts of Harris County, Ft. Bend County, Liberty County, Colorado County and Montgomery County. Special attention is given to interstate custody and child support cases where the other parent lives in another state.

"My 25 years of experience in family and forensic mental health work provides me with advanced skills to recognize false allegations and assist my clients in defeating such allegations. This is also true in the area of sexual offense allegations in a civil divorce or custody case.  I have an extensive background in the use of the polygraph and the Penile Plethysmograph (PPG) physiological measures to determine the risk or likelihood of an offense having taken place."

-Attorney Stuart E. Brown

Working with You to Resolve the Issues in Your Family Law Case:
A divorce, child custody case or other family law case does not always have to be a combative experience. Even when the issues are complex, your future is at stake and emotions are running high, Attorney Stuart Brown protects your legal rights while avoiding unnecessary conflict and heartache as much as possible.

"As a sole practitioner, I am able to move quickly in most cases and have a direct and close working relationship with my clients, as well as avoid the costs and delays sometimes associated with larger law firms. I believe in making myself extremely available to clients through same-day appointments or extensive consultations with new clients, and I also strive to provide immediate call backs in cases of emergencies and crises."

-Attorney Stuart E. Brown

Take Action to Protect Your Rights:
If you or a loved one is involved in a divorce or child custody case in Seattle, Washington and you need the help of an experienced Washington family law attorney, call Stuart E. Brown today at 866-631-9203, or complete the contact form provided on this site to schedule your free consultation.

Practice Areas and Legal Definitions

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e., food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. The State of Washington has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents, and the standard of living the child is accustomed to. The Court may allow deduction items such as catastrophic medical expenses and travel expenses for visitation.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will generally require that parent to give the other parent a minimum amount of notice prior to the anticipated move. This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child. These so-called move-away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years. While the best interests of the child have always been central to the decision, the uncertainty has made this area murky. Assistance of counsel is highly recommended if there exists disagreement between the parents. Issues involving two or more different states are governed by the Uniform Child Custody Jurisdiction Act (UCCJA) and the Federal Parental Kidnapping Prevention Act (PKPA).

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support. Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines.

Child Visitation:
The right of a non-custodial parent to visit or spend time with his or her children is a crucial legal arrangement. The term "child visitation" refers to the time when the non-custodial parent has the right to be with the child. Child visitation can take a variety of forms or schedules. Some common arrangements include the following:

• Alternate weekend visitation with non-custodial parent, including three-day holidays.
• Mid-week visitation with non-custodial parent.
• Sharing of the child during periods of school recess: winter, spring and summer.
• New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years.
• Mother's Day with Mother, Father's Day with Father.
• Alternate years on the child's birthday.
• Open telephone contact by parent who does not have actual physical custody of the child.
• Exchange of a few days of visitation as mutually agreed without the need for a change or modification of the court order.

Divorce:
A court of law is the only way in which one can obtain a divorce decree, dissolution, legal separation, nullity, or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family. Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support, and other legal matters. In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed, and the court orders the issuance of a new, amended birth certificate. Washington adoption lawyer Stuart E. Brown will guide your family through every step of the adoption process.

Take Action to Protect Your Rights:
If you or a loved one is involved in a divorce or child custody case in Seattle, Washington and you need the help of an experienced Washington family law attorney, call Stuart E. Brown today at 866-631-9203, or complete the contact form provided on this site to schedule your free consultation.

Frequently Asked Questions

The following information includes frequently asked family law questions. These questions and answers are general in nature and should not be used as specific legal advice for your case. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For specific questions about your case, contact the Law Office of Stuart E. Brown today at 866-631-9203.

How can a parent remedy the frustration of visitation rights?
A variety of remedies are available to provide relief to the non-custodial parent who has had visitation rights frustrated. The non-custodial parent can commence an action to show cause concerning contempt for violating the court's order pertinent to visitation. This is not a favored alternative. The court also has power to modify support, yet this works a hardship on the welfare of the child and is similarly not favored. Another alternative is to ask the court to require the custodial parent to post a monetary bond, which would be forfeited if the custodial parent frustrates visitation. Usually a history of frustration of visitation is the threshold that must be shown the court, not a sole incident.

How is the amount of child support determined?
Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other.

When can a child support order be changed or modified?
An order for child support can be changed or modified any time there is a material change in circumstances from the time that the existing child support was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent's financial situation - such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child - such as large medical expenses, need for special education, or other unexpected requirements. A child support payment could be modified by stipulation between the parents (as long as guideline support factors have been accounted for) or by a noticed court hearing.

Do I have to go to court to obtain a divorce?
A court of law is the only way in which one can obtain a divorce decree, dissolution, legal separation, nullity, or other form of terminating a marriage in Washington. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal maintenance (alimony), child support, restraining orders, etc.

Can I object to the terms my spouse has requested in our divorce?
Yes, you (along with your attorney) can reject the terms of your spouse's offer. On receiving an objection to the establishment of a family law attorney's settlement, the Washington divorce court may at its own discretion determine whether the case involves complex or substantial issues of fact or law related to property rights, visitation, custody, or support. If the Washington divorce court finds that the case involves one or more of these complex or substantial issues, the court may implement a case management plan.

Are there different types of adoption?
Adoptions takes place in various forms, and are generally classified as independent, agency, step parent, relative placement, and adult adoption. Independent adoption occurs when birth parents and adoptive families find each other on their own or through the help of an adoption intermediary, i.e., a pastor, family friend, or doctor. Agency adoptions are handled through a child placement agency and approximately two-thirds of all adoptions in the United States are arranged through agencies.

In a step-parent adoption, the family adopting is a birth parent with a new spouse; this usually succeeds a divorce or spousal death. Adult adoption is the process whereby a person eighteen years or older is legally adopted by one or more persons eighteen years or older, and relative placement adoption occurs when the birth parent(s) is still a minor, has died or is disabled, or the child has been removed due to abuse and neglect and another relative assumes physical custody and responsibility for the child.

Is a father who never married the mother still required to pay child support? What if the father is not allowed to see the child?
Regardless of marital status, an 'assumed father' is any biological father of a child for whom paternity has been established by either the admission of the father or paternal testing. Assumed fathers are required to pay child support. Additionally, a man who never marries a child's mother, but welcomes the child into his home and supports the child as his own may gain a 'presumed' father status, and typically, the presumption of paternity holds the same rights and responsibilities of an assumed father, in regard to parental liability and monetary support.

Every parent has a financial obligation to support their children and child support should never be confused with custodial or visitation rights. There is no state that permits a parent to withhold child support because of disputes over custody or visitation. If a non-custodial parent believes their rightful child visitations are being disrupted, it is recommended to contact an attorney to file a claim against the custodial parent in a court of law, rather than stop making child support payments as a form of retaliation. However, in the event of parental kidnapping, in which the custodial parent completely disappears with the child, any wage garnishments or income attachments as made for child support on behalf of the non-custodial parent would cease.

Professional Profile

Stuart E. Brown represents husbands, wives, parents and grandparents in divorce, child custody and child visitation cases throughout the Seattle, Washington area. Special attention is given to cases involving allegations of sexual abuse and sexual misconduct.   Please call his office today to schedule your free consultation.

Firm Contact Information:
Law Office of Stuart E. Brown
2716 Elliott Avenue, Suite 600
Seattle, Washington 98121
Phone: 866-631-9203

STUART E. BROWN, Attorney

Professional Memberships & Achievements:

• American Bar Association (ABA).
• Washington Association of Criminal Defense Lawyers (WACDL).
• King County Bar Association.
• Sexual Offense Commitment Defense Attorneys (SOCDA).

Education:

• Doctoral Degree: Ed.D. Counselor Education, Auburn University (Auburn, Alabama), 1980. Specializing in Community Mental Health Issues.
• Masters Degree: Masters in Psychology, University Of Southwestern Louisiana (Lafayette, Louisiana), 1975, emphasis in Community Clinical Psychology.
• Bachelors Degree: B.S. Psychology, University Of Oregon (Eugene, Oregon), 1972.
• Juris Doctorate, Florida Coastal School of Law (FCSL), Jacksonville, Florida, 2003.

Bar Admissions:

• Washington, 2004

Certifications and Licenses:

• Washington State Bar Association License - Number 35928
• Licensed Mental Health Counselor - State Of Washington, Number LH00007450
• Certified Sexual Offense Specialist - State Of Washington, Certificate Number FC14 - Certified Since Inception of State Licensing Program in 1991.
• Licensed Mental Health Counselor - State of Florida - Certificate Number MH6507

Professional Biography:

Stuart E. Brown combines his experience working in a mental health background with his legal representation of clients dealing with very complex and difficult issues in divorce, custody and other family law cases. His initial career of 25 years consisted of working in the area of mental health evaluation and treatment while specializing in forensic (criminal investigations and evaluations) psychological work. Brown has a doctorate in counseling psychology/counseling education and continues to maintain his mental health therapist and sexual offense treatment/evaluation licenses in the State of Washington as well as holding a license to practice mental health as a mental health therapist in the State of Florida.

Attorney Stuart Brown has evaluated and treated well over a thousand individuals in approximately a dozen states and has testified in various jurisdictions across the United States hundreds of times as an expert witness. As a mental health therapist he treated children and parents, evaluated adults and children suffering from numerous conditions, dealt extensively with therapy with adults and children experiencing divorce and or separation, and evaluated persons for risk of violence to themselves and others, and in short have had an extensive background in dealing with some of the most difficult mental health issues experienced in our society.

Stuart brings to the law an extensive professional background and is uniquely qualified to assist law clients through the difficult process faced in the most complex family court and dissolution actions. He can also assist parents in the understanding of the positive and negative effects that their actions in court may have on a child at various age levels.