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Katherine Chrostowska
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Katherine Chrostowska’s Answers

9 total

  • I don't have a parenting plan and I want to move to California with my son to be closer to my family and go back to school.

    My son's father provides child support, health insurance and sees him every other weekend. He was in the past helping me take him to his doctor's appointments when asked (he makes this very difficult for me, it like asking him a huge favor). ...

    Katherine’s Answer

    Since a parenting plan has not been entered with the court in your case, you are not subject to the notice of relocation requirements contained in every Washington parenting plan. It seems that you are not legally required to give the father notice of your intended relocation. However, the father could potentially file for emergency relief preventing you from removing the child from WA. Relocation issues tend to be complicated and many issues need to be considered before taking action. I strongly suggest you contact a family law attorney to discuss all of your options in greater detail.

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  • Will the court issue a Qualified Domestic Relations Order with the divorce paperwork if requested, or must we handle that?

    We are in agreement as to how our assets are to be split including the pension. We are drawing up an agreement ourselves and will both sign it. It is my understanding that the court will take this agreement into consideration when making their dec...

    Katherine’s Answer

    You must provide the court with a QDRO that you prepared. Often times, the pension or retirement plan have a specific format that they like you to use. I would suggest contacting them to see if that is true in your case. I would strongly suggest hiring an attorney to draft your divorce paperwork or at least reviewing it prior to submission to the court. An attorney could also draft a QDRO for you. Good luck!

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  • Can we do a stepparent adoption while we're engaged?

    I was told by a paralegal we can technically file for stepparent adoption at any time, we have a wedding date set for later this year, but that a judge will like it better if it's legal already. It's uncontested and we have a good 'case'. Are we a...

    Katherine’s Answer

    Step-parent adoptions involve numerous complex legal issues. I strongly suggest that you obtain an experienced family law attorney to assist you with your case. That being said, before a step-parent adoption can go through, the biological father's legal relationship with the child must be terminated, either via relinquishment or an involuntary termination. You indicated that this adoption is "uncontested" which leads me to believe that the birth father is willing to relinquish his parental rights to the child. You do not need to be married to the prospective adoptive parent in order for the court to grant the petition for adoption. Good luck!

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  • How can I get tempRARY CUSTODY of my unborn grandchild in washington state

    My daughter has health and drug issues

    Katherine’s Answer

    Prior to you requesting any court to grant you third party custody, temporary or otherwise, the child must be born. Third party custody cases involve very complex legal issues. I strongly suggest that you do not attempt to do this alone and that instead you consult with an experienced family law attorney who can listen to the specific facts of your case and provide you with some guidance. Third party custody cases are typically an uphill battle. In general, the court will prefer to keep the child with either of the parents. In seeking third party custody, it would be your burden to prove that both parents are essentially unfit and that it would be in the best interests of the child to reside with you. Again, this will difficult and complex case, please consult with a family law attorney prior to initiating any legal action. Good luck!

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  • If the court find the other in contempt of the PP provision 4 times. How likely would the court to adapt the new PP?

    If the court find the other party in contempt of the provision in the Final Parenting Plan under 4 different incidents and time, how likely the court to adapt to the propose parenting, and what would be the procedure to do so?

    Katherine’s Answer

    Modifications of existing parenting plans involve complex legal issues. You should consult with an experienced family law attorney regarding the specific facts of your case. Generally, the courts favor continuity and it is the burden of the parent requesting the modification to show the court that said modification would be in the best interests of the child(ren). If the current parenting plan is being violated consistently to such a degree that there have been 4 contempt findings, you may have a stronger case in favor of modification. Regardless, please consult with a family law attorney prior to initiating legal action to modify the parenting plan. Good luck!

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  • My ex boy friend has not gave me my son back since last weekend.He is not on the birth certificate and no paternity established?

    My ex has our son every other weekend and this last weekend he said he will not give him back. He is mad because I left him for someone else. He said he is taking me to court to prove I an unfit. I just want my baby back, he's only 14months old. D...

    Katherine’s Answer

    Based on your question, it seems that your ex has not been established as the father of the child, you should call the police to assist you in getting your child back. Do not attempt to try to get your child back alone as the situation may escalate.

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  • How do i go about getting custody switched

    in 2005 My daughter's father got custody from Child protection services. since she has been there she wanted to live with me but she was to scared to tell her dad. well recently she told him she wants to live with me and I need to know how to star...

    Katherine’s Answer

    In the State of Washingtion, you will need to file a PETITION TO MODIFY CHILD CUSTODY. Once you have done so, the court will require that you attend a threshold hearing where you will need to convince the court that adequate cause exists for the current child custody arrangement to be modified. If the court finds that adequate cause exists, then you will be able to ask for temporary relief while your case is pending trial/settlement. If the court finds that adequate cause does not exist then you will be unable to proceed any further.

    I have to agree that getting an attorney on board would be wise in a case like this, as the issues are numerous and complex.

    Good luck!

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  • My husband and i were involved in a dv because of drugs is there anyway that we can get this no contact order dropped in the sta

    we never fight accept when we are drinking and then we hit a low spot in our life and turned to drugs in doing so we both started to fight now we have a no contact order because of a dv can we get this no contact order dropped and how?????

    Katherine’s Answer

    Yes, the alleged victim may request the court to rescind the no contact order. In order to do so, you must file a motion with the court requesting a hearing to lift the no contact order. At the hearing, you are able to speak to the judge and explain why you want the no contact order lifted. The judge may also upon the prosecutor and a domestic violence advocate for input before making his/her decision. Once the judge listens to everyone, he/she will decide whether or not the no contact order will be lifted.

    Good luck!

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  • Would I have to pay support and can I get the children back?

    My husband had been trying to get me out of the house/ marriage for years. A few months ago he had me arrested on a false charge and removed from the home and our children. Subsequent to that he filed a support and custody request? Is there anythi...

    Katherine’s Answer

    Most certainly. The first thing you need to do is respond to his request. A lack of response may result in the court giving your husband everything he asked for in his request. When responding, decide what you would like to see happen and give thorough explanations as to why you believe that your suggestions should be followed by the court. Any time children are involved, the court's primary concern is what is in the best interests of the children. At your hearing, both sides will argue as to why their suggested support and custody requests should prevail.

    Family law matters tend to be fairly complex. I suggest consulting family law attorneys in your area for a more specific course of action. Also, most courts have very specific rules as to when and how filings should be made. You will need to familiarize yourself with your court's rules if you do not hire an attorney.

    Good luck!

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