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Bruce Clement
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Bruce Clement’s Answers

6,287 total


  • The maintenance order portion of my divorce decree orders my ex-spouse to provide a life insurance policy with me as beneficiary

    There is only two years remaining for maintenance and the annual premium for the life insurance is quite high. As my ex-spouse has made all payments on time and has been very faithful in complying with this order for many years, I'd like to offer...

    Bruce’s Answer

    The court order cannot be modified informally; it must be done by another court order. You should consult with an experienced attorney to review the actual court orders before giving you advice on this issue. My AVVO Legal Guides on divorce and modifying court orders may provide more information which is relevant to your inquiry. Keep in mind that these Guides are no substitute for legal advice from an attorney you have retained for consultation or representation. Remember that there are always exceptions to the general rules. Click on my photo to get to my home page. Click on "Contribution” and locate the Legal Guides which are relevant. Please mark what you like as “helpful” or “best answer”. Thanks for your support. © Bruce Clement

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  • Grandparents rights to see their grandchildren??

    our son has a conviction and has issues with the mother of his kids, can he give us grandparents his rights thru the law to see our grandkids with a parenting plan??

    Bruce’s Answer

    Your son cannot transfer his custodial rights to you, his parents. However, he can use you for child care during the time granted to him in the parenting plan. My AVVO Legal Guides on parenting plans, grandparent rights, and non-parental custody may provide more information which is relevant to your inquiry. Keep in mind that these Guides are no substitute for legal advice from an attorney you have retained for consultation or representation. Remember that there are always exceptions to the general rules. Click on my photo to get to my home page. Click on "Contribution” and locate the Legal Guides which are relevant. Please mark what you like as “helpful” or “best answer”. Thanks for your support. © Bruce Clement

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  • If the non custodial parent only contacts my kids when he wants to can i deny him calling them?

    2 years ago i left and moved states to give my kids a better life. I packed for almost 3 months and he agreed it would be better if we left. He agreed on paying 300 a month and has not. The kids call him and he ignores their calls for weeks if not...

    Bruce’s Answer

    You are legally required to allow whatever contact has been ordered by the court. However, most kids need contact with the noncustodial parent. Counseling might be helpful for you and the kids to figure out how much contact is best. My AVVO Legal Guides on parenting plans may provide more information which is relevant to your inquiry. Keep in mind that these Guides are no substitute for legal advice from an attorney you have retained for consultation or representation. Remember that there are always exceptions to the general rules. Click on my photo to get to my home page. Click on "Contribution” and locate the Legal Guides which are relevant. Please mark what you like as “helpful” or “best answer”. Thanks for your support. © Bruce Clement

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  • What to do when Cps gives custody to an unfit father ? How can I get rights to my child? would getting emancipated help me?

    I am a 16 years old mother and my boyfriend is 17. I gave birth a month ago, I have visited him everyday at the NICU to how to care for a him since he is a preemie. The father barely knows how to care for him at all because he is in and out of jai...

    Bruce’s Answer

    If CPS has filed a dependency petition in juvenile court, you need to prepare a case to present there. The court should appoint you an attorney to help. If no dependency petition is filed, you should file a parentage petition to establish paternity and get a parenting plan. My AVVO Legal Guides on paternity plans, CPS, and child custody may provide more information which is relevant to your inquiry. Keep in mind that these Guides are no substitute for legal advice from an attorney you have retained for consultation or representation. Remember that there are always exceptions to the general rules. Click on my photo to get to my home page. Click on "Contribution” and locate the Legal Guides which are relevant. Please mark what you like as “helpful” or “best answer”. Thanks for your support. © Bruce Clement

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  • Do I have any chance of winning if I file a Motion to Revise for a parenting plan modification in King County, WA.

    My 14 yr old son has lived with his dad for 8 years.For the last 3 years he has been slipping into depression because of how miserable he is at his fathers house. I have been begging that he get him professional help but he refused. Because of fi...

    Bruce’s Answer

    It sounds like you filed a petition to modify the parenting plan, and at the Adequate Cause hearing the Commissioner ruled that you did not have adequate cause to proceed. If you feel that this decision was wrong, you should probably file a Motion to Revise the Commissioner's ruling. If your evidence is good, you may win. A full Judge will hear the motion, and must review only the materials that were reviewed by the Commissioner; no new materials can be added. Good luck. My AVVO Legal Guides on modifications and motions to revise may provide more information which is relevant to your inquiry. Keep in mind that these Guides are no substitute for legal advice from an attorney you have retained for consultation or representation. Remember that there are always exceptions to the general rules. Click on my photo to get to my home page. Click on "Contribution” and locate the Legal Guides which are relevant. Please mark what you like as “helpful” or “best answer”. Thanks for your support. © Bruce Clement

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  • What state has jurisdiction over my divorce and parenting plan?

    My ex and I were divorced in Washington state several years ago. After the divorce, she moved to Alabama with the kids and I moved to California. I'm now moving back to Washington. We haven't filed anything in any state except for Washington. S...

    Bruce’s Answer

    Ms. Forrest gave an excellent answer. WA probably still has jurisdiction, but would likely waive jurisdiction in favor of Alabama. See my AVVO Legal Guides on interstate custody jurisdiction and relocation for more information about the legal issues raised by your inquiry. To find my Legal Guides, go the AVVO website at www.AVVO.com; click on “Find a Lawyer” and enter my name and WA; scroll down to "Contributions" and click "Legal Guides" and select the topics that are relevant to your question.

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  • Do I need a lawyer? (Child custody)

    Recently I was charged with an assault 4. I have always heard innocent until proven guilty, I still am considered a 50/50 parent correct? Cps is trying to scare my fiancé, saying that she would be held liable if anything happened to my daughter wh...

    Bruce’s Answer

    If you don't have a parenting plan, you should get an attorney to help you get one. CPS is not just trying to scare your fiance; they may place your child in foster care if your fiance allows you to have contact with the child that CPS opposes. See my AVVO Legal Guides on parenting plans and CPS for more information about the legal issues raised by your inquiry. To find my Legal Guides, go the AVVO website at www.AVVO.com; click on “Find a Lawyer” and enter my name and WA; scroll down to "Contributions" and click "Legal Guides" and select the topics that are relevant to your question.

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  • Can I move with my child without putting in to the courts first?

    I am primary residential parent and I recently moved from one town to another its not within the same school district but my child is one and does not attend daycare. I moved closer to the father who actually helped me move. Will I get in trouble...

    Bruce’s Answer

    The statue requires notice to the dad if the move is out of the child's school district, even if the child is not in school. However, the courts normally will not get involved unless the dad objects to the move. See my AVVO Legal Guides on relocation for more information about the legal issues raised by your inquiry. To find my Legal Guides, go the AVVO website at www.AVVO.com; click on “Find a Lawyer” and enter my name and WA; scroll down to "Contributions" and click "Legal Guides" and select the topics that are relevant to your question.

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  • How do I file for relocation out of state if I don't know the exact date?

    The person employing me cannot hire me for 3-6 months. My ex husband is wanting to go to trial and finalize our parenting plan. How do I avoid this (since the parenting plan would still be subject to change) since I am planning on moving?

    Bruce’s Answer

    It's likely that the trial will not be continued. Don't plan on moving unless you have a court order authorizing the move. See my AVVO Legal Guides on relocation for more information about the legal issues raised by your inquiry. To find my Legal Guides, go the AVVO website at www.AVVO.com; click on “Find a Lawyer” and enter my name and WA; scroll down to "Contributions" and click "Legal Guides" and select the topics that are relevant to your question.

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