Steven Scott Burkhalter's Answers

Steven Scott Burkhalter
Edmonds Litigation Lawyer.
Contributor Level 8

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Attorney answers:

  1. Steven Scott Burkhalter

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

Asked by a user in Tacoma, WA - almost 2 years ago.

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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1

Attorney answers:

  1. Steven Scott Burkhalter

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

Asked by a user in Oak Harbor, WA - almost 2 years ago.

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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Attorney answers:

  1. Steven Scott Burkhalter
  2. Susan Lee Beecher

Is a statement signed by both parents considered a legal document

Asked by a user in Bellevue, WA - almost 2 years ago.

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

2

Attorney answers:

  1. Steven Scott Burkhalter
  2. Lisa M Larrick

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

Asked by a user in Spokane, WA - almost 2 years ago.

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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Attorney answers:

  1. Steven Scott Burkhalter

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

Asked by a user in Spokane, WA - almost 2 years ago.

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

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Attorney answers:

  1. Steven Scott Burkhalter

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

Asked by a user in Spokane, WA - almost 2 years ago.

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,...

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Attorney answers:

  1. David Alexander Browde
  2. Steven Scott Burkhalter
  3. Christopher T. Anderson

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

Asked by a user in Wenatchee, WA - almost 2 years ago.

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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Attorney answers:

  1. Steven Scott Burkhalter
  2. David Alexander Browde

Filing papers?

Asked by a user in Washington - almost 2 years ago.

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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