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Rachel Min Luke
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Rachel Luke’s Answers

5 total

  • What are the leading things that make a judge grant FULL custody from a parenting plan of 50/50 custody, aside from abuse?

    Divorce was final on 2/21/12 and settled with mediation. Parenting plan is 50/50. I believe that this needs to change, for the better of the children. I don't want to spoil the data with all the reasons, but some of the main points are the followi...

    Rachel’s Answer

    You need to consult with a lawyer. It is not easy to modify a parenting plan and absent agreement of the parties, you must have a legal basis to do so. Based on what you've written here, you probably do not have a legal basis to modify the parenting plan. However, it is dependent on the facts in your case.

    In addition, you may have a basis to file a motion for contempt for violation of the parenting plan and child support.

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  • Child custody- how does grandmother get custody?

    Mother abandoned 15yo and 8yo four months ago. mother is meth addict. one father is meth and heroin addict. other father is heroin addict. mother is homeless. mother has registered sex offender boyfriend. mother is threatening to take 8yo.

    Rachel’s Answer

    I agree with the other answer that it would be best to hire an attorney. If you are in King County, the courthouse also has facilitators who have some materials on nonparental custody and they often have presentations on the process. You may want to start there, but you will want an attorney with experience handling these matters to represent you for the adequate cause hearing.

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  • What do we file for a child support adjustment?

    My ex and I agree on new child support figures for an adjustment. We wish to file the documents ourselves at the courthouse. Do we just file the new worksheets or do we also have to file an Order of Child Support modified with the new incomes and...

    Rachel’s Answer

    If you are in agreement, you will need a new Order of Child Support to reflect the worksheets you have agreed upon. The new Agreed Order of Child Support will specify the new transfer payment amount and new percentages for shared expenses as reflected on the worksheets. Some counties will also require you to file an Order re Adjustment of Child Support as well.

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  • I need help with my supervised visits

    I am the respondent in a protection order and the judge granted me supervised visits. They are supervised by the plaintiff's mother who is very rude to me at every visit. she even takes videos and pictures of me then sends them to the plaintiff......

    Rachel’s Answer

    File the motion to change supervisors. I would add that you should also offer names of at least three people who would be willing to supervise visits. The supervisors you name should be people who your ex would feel comfortable with (think mutual friends or a family member who is trusted), otherwise, you should expect a professional supervisor to be appointed--who you will have to pay for.

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  • Pro bono custody lawyer

    I'm going through a divorce. My soon to be ex husband has a dv record involving me from 2 years ago. We have 2 kids. I can't get a hold of the volunteer legal services in tacoma. Been trying everyday for a week. I left messages. My first court dat...

    Rachel’s Answer

    I suggest contacting an attorney for a consultation. Many attorneys offer a free consultation and some offer low bono or sliding scale services and you might find that you can afford an attorney. I am not aware of any pro bono attorneys outside of legal aid such as Northwest Justice Project. Another option is to contact the Washington State Bar Association Moderate Means program. Also, you can go to one of the many legal clinics where attorneys volunteer their time to discuss your case. Good luck!

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