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Bruce Clement
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Pro

Bruce Clement’s Answers

6,251 total


  • I am curious about the steps and laws CPS need to follow when they have taken a child into custody

    I am currently involved in a case with CPS. My child was not taken from my care but from the mother's care. I was not involved for 5 years because of some false allegations that no one pursued very far. I am curious what the laws are on what CPS s...

    Bruce’s Answer

    As you might imagine, what is "reasonable" is in the eyes of the beholder. An attorney would get a complete copy of the CPS file for you to see what steps they took to contact you. If they were inadequate, you might be able to vacate prior orders limiting your rights. My AVVO Answers and Legal Guides on CPS and motions to vacate may provide more information which is relevant to your inquiry. Keep in mind that these Answers and 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 or Answers which are relevant. Please mark what you like as “helpful” or “best answer”. Thanks for your support. © Bruce Clement

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  • My kids are leaving to visit their dad 3200 miles away. No parenting is filed yet. Can he keep them?

    I already have the divorce papers and parenting plan filled out. Email to him wanted him to sign them but he has not yet and the kids leave to visit him for 2 months today. Can he keep them from Coming back on scheduled time?

    Bruce’s Answer

    Don't send the kids to him without a parenting plan or agreed court order. Otherwise he can keep them until you get a court order and writ of habeas corpus requiring their return. Ultimately you would win, but it could take months and thousands of dollars to do so. My AVVO Answers and Legal Guides on child custody, abduction, habeas corpus and interstate child custody under the UCCJEA may provide more information which is relevant to your inquiry. Keep in mind that these Answers and 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 or Answers which are relevant. Please mark what you like as “helpful” or “best answer”. Thanks for your support. © Bruce Clement

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  • Must parenting plan modifications be filed in the county they originated in?

    Parenting plan was part of dissolution in one county, but all parties now reside in another county.

    Bruce’s Answer

    You normally have to file a motion to change venue in the court where the original parenting plan was filed. However, in some cases (like Lincoln County) the new county (like King and Pierce) will often allow a petition to modify to be filed in their county in the situation you describe. My AVVO Answers and Legal Guides on parenting plans, modifications, and venue may provide more information which is relevant to your inquiry. Keep in mind that these Answers and 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 or Answers which are relevant. Please mark what you like as “helpful” or “best answer”. Thanks for your support. © Bruce Clement

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  • If i get a parenting plan will my ex be able to see his chidren if he has a communication with a minor felony?

    We have recently seperated but he doesnt want to have a parenting plan in fear that they will not let him see his children or if they do it will be very limited and with cps supervision. His crime was in 2008 and finalized in 2009 i believe. I did...

    Bruce’s Answer

    The court would normally allow visitation of some kind in this situation. You need to have a custody order to get child support; talk to the state Division of Child Support about your options. My AVVO Answers and Legal Guides on child custody and support may provide more information which is relevant to your inquiry. Keep in mind that these Answers and 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 or Answers which are relevant. Please mark what you like as “helpful” or “best answer”. Thanks for your support. © Bruce Clement

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  • What age can a child choose to not see one parent(While living with the other)

    I am 14, I live with my mother and my 18 year old sister. My dad smokes pot, and is alway high when I see him. I don't feel comfortable around him. I talked to my counselor about this, and she says I have a right to choose. Although my mother insi...

    Bruce’s Answer

    You can't choose which parent to be with. The parenting plan has to be followed by your mom; she has no choice. If your dad's pot smoking makes you uncomfortable, that's not enough for your mom to get the PP changed. However, if there is any abusive behavior or inappropriate touching, report it to your counselor. You can also contact one of the youth advocacy groups on line for more suggestions. My AVVO Answers and Legal Guides on child custody and modifications may provide more information which is relevant to your inquiry. Keep in mind that these Answers and 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 or Answers which are relevant. Please mark what you like as “helpful” or “best answer”. Thanks for your support. © Bruce Clement

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  • If IRS paperwork was not signed by custodial for non custodial to claim, is it effective?

    Judge granted non custodial rights to claim child on taxes, but never made custodial sign IRS waiver. Why would non custodial get that right, if custodial has child 85-90% of the time? And if it wasn't signed, what does that mean for tax purposes?...

    Bruce’s Answer

    Both parties are bound to follow the court order as it is written. In this case, the court would expect the custodial parent to sign the IRS waiver, or be in contempt of court. My AVVO Answers and Legal Guides on divorce and child custody may provide more information which is relevant to your inquiry. Keep in mind that these Answers and 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 or Answers which are relevant. Please mark what you like as “helpful” or “best answer”. Thanks for your support. © Bruce Clement

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  • I have not entered a parenting plan with the court yet.

    I intend to move with my children to California next month. In addtion to fiilng my parenting plan and residential schedule do I also need to file an intention to relocate form with the court or should I just mention I'm relocating in my parentin...

    Bruce’s Answer

    Theses are very complicated cases. The Notice of Intended Relocation has to be served on the non-moving parent. The statutory form and all the statutory procedures have to be followed. I normally advise clients not to make the move without a court order. The court normally requires the child to remain in WA until an order is entered, which can take up to three months or more. My AVVO Answers and Legal Guides on relocation and interstate custody jurisdiction under the UCCJEA may provide more information which is relevant to your inquiry. Keep in mind that these Answers and 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 or Answers which are relevant. Please mark what you like as “helpful” or “best answer”. Thanks for your support. © Bruce Clement

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  • Hearing in wk by father to modify visit order. I don't know what to expect to happen. do i need to fill anythin out or respond?

    The petitioner, my ex, scheduled a hearing for motion to modify temp visitation order. We entered the order on 3-13-15. Petitioner is asking to jump from 15 hours a week (no overnighs) to 72 hours a week with 2 or 3 overnightz. Child is only 13 mo...

    Bruce’s Answer

    Q: "Do I need to fill anything out or respond?" Yes. You need to respond asap with a sworn declaration. File the original with the Court Clerk; copy to your ex; keep a copy for yourself. Attend the hearing. Q: "Can he do this?" Anyone can file a motion like that. But from what you describe, it seems doubtful that he could prevail in the motion. He has to prove a substantial change of circumstances for you or the child (not for him), and that the modification of the parenting plan would be in the child's best interest. RCW 26.09.260. Q: "What could happen?" The Commissioners have broad discretion, so there are many possible outcomes. From what you say I would guess that his motion will be denied if you promptly respond. Make sure you respond to everything he said in his motion and declaration. See my AVVO Legal Guides for on modifications 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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  • Can i give soul custody of my daughter to her father whom is my husband?

    Me and my husband of 12 yrs just had a baby girl on June 1st of this year 2015, because i have had a past history as in more then 8 to 9 yrs ago with CPS so they have wanted to do visits of our home to eliminate risk factors they claim there was s...

    Bruce’s Answer

    You need to consult with an experienced family law attorney to discuss the details, and your options vis a vis CPS. 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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  • My ex has custody and all of the decision making rights, does that mean I don't even get to ask him or bring concerns to him?

    I sent him a text about missing a required activity for one of our daughters classes, then his girlfriend texted me back wondering why I was sending inappropriate messages during his work time, or at all and that it was none of my business since i...

    Bruce’s Answer

    You are free to communicate about appropriate subjects as long as there is no court order restricting communications. You should consult with an experienced attorney to review the actual parenting plan, and see whether you should file a motion for contempt. See my AVVO Legal Guides on parenting plans, contempt, and petitions for minor 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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