Bruce Clement’s Answers

Bruce Clement

Auburn Family Law Attorney.

Contributor Level 19
  1. My wife has threatened to kill me (and then, kill herself) - and she's been violent before. What should I do?

    Answered over 1 year ago.

    1. Patrick Owen Earl
    2. Bruce Clement
    3. James J White
    4. Peter Jaret Abbarno
    5. Michael Lawrence Doyle
    6. ···
    6 lawyer answers

    You should go to the domestic violence counter at the courthouse and ask to talk to a facilitator. See my AVVO Legal Guides on domestic violence 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”; get to my AVVO home page by clicking on my name or photo; when you get to my AVVO home page scroll down to "Contributions" and then click "Legal Guides." You will get a list of the 29 Legal Guides I...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Due to a recent brain injury I missed a continuance hearing in divorce court. Is it possible to petition for a new hearing?

    Answered over 1 year ago.

    1. Kate M Forrest
    2. Bruce Clement
    3. Kevin Coluccio
    3 lawyer answers

    Make sure you show up at any scheduled hearing or trial. Explain this situation to the Judge. If you can demostrate inability to defend yourself due to your brain injury, the court should vacate the prior order, and appoint a Guardian Ad Litem for you to help present your case. See my AVVO Legal Guides for a possible explanation of the legal issues raised by your question. To find my Legal Guides, go to my AVVO home page by clicking on my photo; scroll down to "Contributions" and then click "...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. If you are a minor, can you'r counselor tell you'r parents/guardian that you self harm?

    Answered over 1 year ago.

    1. Bruce Clement
    2. Melissa Marie Denton
    3. Norman Antonio Stiteler
    3 lawyer answers

    Tell your counselor that you want to discuss something, but you don't want your parents to know about it. Your counselor will then let you know what things (if any) she has to disclose. On the other hand, it's my opinion that it is important that you disclose this situation to your counselor whether or not your parents would find out.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can I rent the house after divorce and relocate to another country?

    Answered over 1 year ago.

    1. Dave Hawkins
    2. Bruce Clement
    3. Douglas Paul Becker
    3 lawyer answers

    If the Dissolution Decree requires you to sell the house, you will have to sell. The court has the power to decide whether, and how, a house must be sold. If the market value is less than the loan on the house, there is no equity to divide with your husband. For that reason, the court will probably award the house to you, require you to make payments, and order your husband to quit claim the house to you. You would then be free to rent it out. Relocation with the child would be subject to court...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Supervised visitations

    Answered 5 months ago.

    1. Bruce Clement
    2. Dave Hawkins
    3. Shane Cridlebaugh
    3 lawyer answers

    You need to schedule a consultation with an experienced attorney to discuss the details of this situation. See my AVVO Legal Guides on child custody, visitation, and restrictions under RCW 26.09.191 for more information about the legal issues raised by your inquiry. Please keep in mind that 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. There are always exceptions to...

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  6. My ex and I have a 4 hour ROFR. Can he have the children picked up for him even though I am available?

    Answered 8 months ago.

    1. Bruce Clement
    2. Thuong-Tri Nguyen
    3. Douglas Robert Hughes
    3 lawyer answers

    You should have an attorney review the actual language of the ROFR clause. The standard language is usually silent on this issue. Some commissioners say that the residential parent may name a family member (including wives) to fill in for their time; others say that the ROFR applies when anyone other than a biological parent will care for the kids. You should check the ADR section of your parenting plan; you probably should to to mediation to try to resolve this issue. If you can't negotiate a...

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  7. Can you be held in contempt of court for not following a parenting plan that was never valid?

    Answered 12 months ago.

    1. Bruce Clement
    2. Dave Hawkins
    3. Jeffrey Keith Possinger
    3 lawyer answers

    Contempt of court cannot be found for violation of an agreed parenting plan that was not signed by a judge and filed in court. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on parenting plans and contempt motions for more information about the legal issues raised by your inquiry. Please keep in mind that although these Legal Guides are often informative, they are no substitute for legal advice from an attorney you...

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  8. If my daughters father has never been around and in jail for the next 63 years can I have my current husband adopt

    Answered over 1 year ago.

    1. Bruce Clement
    2. Dave Hawkins
    2 lawyer answers

    You should re-post this in the adoption forum. It is possible to terminate someone's parental rights in an adoption proceeding. It has to be very clear evidence of abuse, neglect, abandonment, or other problems in providing parenting to your daughter. Although the adoption judge has a lot of discretion, my take on this case is that your chances of getting a step-parent adoption, even over the bio-dad's objection, are good. It’s always best to consult with a good family law attorney to discuss...

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  9. Concerning housing during a dissolution in Washington state

    Answered over 1 year ago.

    1. Dave Hawkins
    2. Bruce Clement
    3. Matthew Thomas Majeski
    3 lawyer answers

    In King County if you get to the point that you need secure and confidential housing on a short term emergency basis you should talk to the domestic violence facilitators at the courthouse.

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  10. Does a parenting plan/residential schedule have to be filed with the courts before served on respndant?

    Answered over 1 year ago.

    1. Kate M Forrest
    2. Bruce Clement
    3. Dave Hawkins
    3 lawyer answers

    A court case is deemed to begin after it has been filed and served. Until both of those events, the court has no jurisdiction over the defendant. In the situation you describe, the court has no jurisdiction over the dad because he has not been served. If he prepares and serves the mom with his own case, the court will have jurisdiction over her, and will proceed with the dad's case. However, the mom will respond to the dad's pleadings with her own request for custody anyway, so in the long term...

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