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Bruce Clement
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Bruce Clement’s Answers

6,141 total


  • Child sexual assault how and do I have the right to get a lawyer when a daycare teacher assutlted my son

    a teacher assaulted my son and I don't know what to do I have lost the daycare and I want to know what my rights are

    Bruce’s Answer

    I agree with Mr. Schwartz. See my AVVO Legal Guides on CPS for more information about the legal issues raised by your inquiry. Although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. On my AVVO home page click on "Contribution - Legal Guides." If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

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  • Elderly stepmom wants stepchildren to have the family home before she dies.

    After my mother died years ago, my dad remarried. Years later my father died, leaving to his new wife, my stepmom, the family home where my siblings and I grew up. Being in very poor health but still lucid, our stepmom wants us to have the fami...

    Bruce’s Answer

    You need to re-post this on the estate planning forum.

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  • If 50/50, why am I the only party paying child support? Papers clearly state that ex-wife and I have 50/50 joint custody.

    Have been divorced since 2010. Divorce papers clearly state that ex-wife and I have 50/50 joint custody of our 2 kids. Ex-wife HAS ALWAYS worked, STILL works, and has remarried. Why am I the only one paying child support? Doesn't 50/50 mean we sha...

    Bruce’s Answer

    The "standard calculation" of child support is based only on net incomes. The designated custodian is paid that amount per the child support worksheet, unless the judge approves a "deviation." The court may grant a deviation based on residential time. If the non-custodian (you) have the child more than about 90 overnights per year, the judge will normally give you a "residential credit" based on overnights. Since you have 1/2 the overnights, you should probably get a residential credit. In fact, if your net income is exactly the same as hers, you can make a strong argument for zero child support from you. The greater the disparity in incomes, the less credit you would get. To use an extreme example, if she nets $1000 per month and you net $10,000, you would still be required to pay significant child support, even though you take care of the kids half time. See my AVVO Legal Guides on child support for more information about the legal issues raised by your inquiry. Although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. On my AVVO home page click on "Contribution - Legal Guides." If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

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  • If a spouse has filed for divorce and has become mentally incompetent possibly before, but deemed so during the separtion prior

    to trial or settlement agreement . Can the respondent dismiss the divorce on the basis that divorce matters are too personal to permit a guardian to file actions on behalf of the mentally incompetent? It appears that if the spouse dies, the resp...

    Bruce’s Answer

    The court can grant a divorce even when one spouse is incompetent. This is a difficult situation, and you should consult with an experienced family law attorney. See my AVVO Legal Guides on divorce for more information about the legal issues raised by your inquiry. Although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. On my AVVO home page click on "Contribution - Legal Guides." If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

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  • Do i have enough reasoning to modify the parenting plan?

    I have entered into a parenting plan agreement, prior to this agreement the father was absent in the child's life for over a year, upon entering this agreement we had established that he would re-establish a bond with the child, for nine consecuti...

    Bruce’s Answer

    No attorney can give you sound advice without looking at the court file and interviewing you about the details. See my AVVO Legal Guides on custody and modification for more information about the legal issues raised by your inquiry. Although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. On my AVVO home page click on "Contribution - Legal Guides." If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

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  • I have 3rd party custody of my great Niece. The court granted it in 08. Can a parent take her back For Any reason?

    The mom has not been consistent in visitation. She lives in Vegas. She has seen the child maybe 5 times for less then a hour at a time. She came up last year, she contacted a lawyer to make sure she got her 4 hours a day. She didn't even spend the...

    Bruce’s Answer

    Not likely. To do so she'd have to reestablish her relationship with your niece, and file a petition to vacate or modify your order granting you non-parental custody. See my AVVO Legal Guides on non-parental custody for more information about the legal issues raised by your inquiry. Although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. On my AVVO home page click on "Contribution - Legal Guides." If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

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  • Do I need to confirm the settlement conference?

    My sons father and I were never married and a paternity afidavid was signed at his birth. Until this last October we have shared custody of our son with out court involvement. Our son is 12 years old now. We mutually agreed to split our time with ...

    Bruce’s Answer

    Check the Thurston County Local Rules. In most counties, the settlement conference does not have to be confirmed (like for a motion). Call the Clerk to make sure. Show up at all hearings and complaint about the father's no-shows. File and serve a response to his petition, and a copy of your own proposed parenting plan. If you follow court procedures, you may get your parenting plan entered by default. See my AVVO Legal Guides on paternity, parenting plans, and default for more information about the legal issues raised by your inquiry. Although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. On my AVVO home page click on "Contribution - Legal Guides." If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

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  • How long will it take for everything to be final in a dissolution with children with a Joiner agreement in place, In Washington

    So me and my ex sat down and hashed everything out and worked out all the details. She has signed a Joinder agreement and I am the petitioner. I was wondering If I file these today, how long with it take for this to be final.

    Bruce’s Answer

    • Selected as best answer

    There are 1000 ways to mess up the agreed orders. But if you did everything correctly, you can get the agreed final orders entered 90 days after the filing of the petition and joinder. See my AVVO Legal Guides on uncontested divorce and vacating court orders for more information about the legal issues raised by your inquiry. Although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. On my AVVO home page click on "Contribution - Legal Guides." If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

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  • Should I put my kids on a plan to go visit the non-custodial patent out of washington state without a modified plan?

    My current plan states she is supposed to get half of the summer and every weekend during school. She has never up held this plan. She has had 4 hour visit like every other month or sometimes four months. She now lives in Utah and is stating she...

    Bruce’s Answer

    The devil is in the details. Consult with an experienced attorney at once. See my AVVO Legal Guides on interstate custody problems for more information about the legal issues raised by your inquiry. Although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. On my AVVO home page click on "Contribution - Legal Guides." If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

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  • Rrgestering custody order and writ of habeaus corpus.

    Im in Oregon where jurisdiction was retained and i was awarded custody of my child. The mother has child in Washington and is not complying with order. Im desperate to file a writ of habeaus corpus but i need to register order in washington first ...

    Bruce’s Answer

    I agree with Ms. Powell. Make sure you provide the police with a certified copy of the custody order. See my AVVO Legal Guides on habeas corpus, interstate custody under the UCCJEA, and enforcement of parenting plans for more information about the legal issues raised by your inquiry. Although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. On my AVVO home page click on "Contribution - Legal Guides." If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

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