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Steven Scott Burkhalter
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Steven Burkhalter’s Answers

8 total

  • Taking my kid out of the household for anyreason...while seperated

    My wife left me and my child at the end of april and although we are not legally seperated we are getting a divorce. None of the paperwork is filled out yet. my question is in the state of washington is it legal for her to take our daughter out of...

    Steven’s Answer

    The short answer is yes. In order to establish a custody arrangement (i.e., which parent the child shall reside with), you will need to get a parenting plan entered with the court. While a divorce is pending, you can file a motion for temporary orders to include a temporary parenting plan.

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  • Is a statement signed by both parents considered a legal document

    There is currently a parenting plan ordered by the court, but do to financial problems the mother signed over more residential time to the father. Neither parent can afford to go back to court is the letter considered a legal document

    Steven’s Answer

    Unless the parenting plan provides otherwise, a new plan signed by a judge should be entered.

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  • My sister and neice are being physically abused by my sister's girlfriend. My sister won't leave and I want to get custody of

    my neice. How do I go about this?

    Steven’s Answer

    From the facts you have presented, it appears you will need to commence a nonparental custody action in the Superior Court of the county where you reside. RCW 26.10 You should also report the abuse to the the police.

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  • Is this a valid marraige in Washington? Do I need to "get a divorce"?

    When I was in school after drinking for a day a friend of ours said he could perform marriages as a minister. We had him perform one with me and one of my girl-friends. No licence was signed or recorded. Since that time the girl and I have never a...

    Steven’s Answer

    Correction to my previous post: the applicable statute is RCW 26.04.070 rather than the posted 26.09.070.

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  • Is this a valid marraige in Washington? Do I need to "get a divorce"?

    When I was in school after drinking for a day a friend of ours said he could perform marriages as a minister. We had him perform one with me and one of my girl-friends. No licence was signed or recorded. Since that time the girl and I have never a...

    Steven’s Answer

    In the solemnization of marriage no particular form is required, except that the parties thereto shall assent or declare in the presence of the minister, priest, or judicial officer solemnizing the same, and in the presence of at least TWO ATTENDING WITNESSES, that they take each other to be husband and wife. RCW 26.09.070 (emphasis added). Thus, it appears from your post, the marriage is not valid, particularly when combined with the other facts you have shared (e.g., drinking, no license, questionable minister, never acted as married, etc.)

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  • Can a father relinquish his parental rights if the mother approves it?

    my daughters father hasnt paid child support in well over a year and has been hiding from the state and has had no contact with since her fist birth day she is 4 now and before that she was 3 months old last he saw her. how do we go about releasin...

    Steven’s Answer

    There are many answers to this question. Generally, Washington will not terminate a father's parental rights simply to avoid paying child support. If there is an individual who will adopt the child (e.g., your new spouse), his rights will be terminated in the adoption process and he will be relieved of paying ongoing support.

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  • My husband left the state and committed Bigamy in Thailand and is planning on returning to the states with his bride.

    My Husband left the state and committed Bigamy in Thailand , he is planning on returning to the states. He is refusing to sign divorce papers from me. How can I report him and his (new wife) from Thailand?

    Steven’s Answer

    Aside from any potential criminal implications (i.e., bigamy), Washington is a "no fault" State, which means one can simply allege the marriage is "irretrievably broken"; thus, no grounds are needed. You may commence a divorce action with or without his signature, although service of the action is required.

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  • Filing papers?

    I am on east coast, my ex in WA. Is there a way for someone out of state like by mail to file papers rather than having to fly out there just to go to the court to submit the papers and file to the court?

    Steven’s Answer

    I also recommend you may use a lawyer in the COUNTY in which your former spouse/significant other is located, although any licensed Washington attorney could assist you.

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