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Thuong-Tri Nguyen

Thuong-Tri Nguyen’s Answers

11,765 total

  • If a parent is charged with child abuse do they automatically lose custody?

    Children have been abused by their mother for the past 6 months and cps and the police have just now started to listen to me. She is being charged with abuse by the court right now so i was wondering if i have to go to court to change custody or i...

    Thuong-Tri’s Answer

    The courts never automatically change any parenting plan.

    Being charged is not necessarily being guilty. There are plenty of persons charged and tried and not convicted.

    You can file a petition with the court asking the court to modify the parenting plan because of the mother's current legal troubles. Depending on what you can show the court, the court may place the children with you while the criminal law case against the mother proceeds.

    You should review the specific facts with your attorney to find out your legal options.

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  • Is my ex obligated to let me know changes in work schedule?

    My ex wife seems to be working more than her past work schedule. She is sending the kids on "play dates" after school. She hasn't notified me of changes, and I have asked her. Is she obligated to tell me?

    Thuong-Tri’s Answer

    Is there a court order that requires the mother to inform you of her personal business? If there is no court order requiring her to tell you of her work schedule, she has no legal duty to tell you.

    When the children are scheduled to be with her, she can have them do whatever is legal as long as they are not being harmed. You have that same right when the children are with you.

    You can review the specific facts with your attorney to find out your legal options.

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  • Is there legal safety protection in Washington State, such as a "restraining order"?

    I was sent to ICU with a fractured skull and severe brain injury, two months ago. I am currently recuperating out of state, but I am worried about my safety upon my return. I am wondering what legal protection that I have to help my safety and pi...

    Thuong-Tri’s Answer

    If someone fractured your skull, you should be calling the police. Unless you were attacking the person, that person would be facing felony level charges.

    You likely do qualify to obtain court orders to prohibit the person who fractured your skull from contacting you.

    However, unless you are no longer with the girlfriend, you likely will be around her family. What is to prevent others from attacking you?

    You can also look into suing the person in a civil case for personal injuries to you.

    You should review the specific facts with your attorney to find out your legal options.

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  • Does it behoove me to have slightly more custody of the children when it comes to decisions pertaining to the kids?

    More custody meaning 55/45, or something along those lines? As we move forward into the future and if my husband and I cannot agree on something regarding the kids, such as private vs. public school, if I had 5% more custody of the kids, do I hav...

    Thuong-Tri’s Answer

    A parent does not have voting rights in proportion to how much time the children spend with the parent.

    If the decision making authority is joint, each parent legally has the same right.

    If the court has already entered a final parenting plan, why should the court change the parenting plan? If the court changes the parenting plan, why should the court change it in your favor? Those are some of the issues you will be facing.

    One first step for you would be to convince the court that there has been a substantial change for the other parent or for the children necessitating a change in the current parenting plan. For you to get "a stronger say" would not be a reason why the court would consider changing the parenting plan.

    What you should do is review the specific facts with your attorney to find out your legal options.

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  • Can a woman still married legally change name back to maiden name

    still married, wishing to go back to maiden name

    Thuong-Tri’s Answer

    WA has no law that requires a person to use any specific name.

    In WA, an adult who is not committing or trying to commit fraud or other crime in changing her name can ask the court to change her name at any time.

    The procedures to change name in WA are very simple: file a petition in the district court and answer a few question from the judge. There is no requirement to publish the petition. There is no requirement to bring witnesses. There is no requirement to wait. In some courts, if the petitioner shows up early enough in the day for the court personnel to complete some paperwork, the judge will hear the case the same day the petition is filed.

    While the court procedures themselves are simple, getting all the offices to use the new name may take several weeks. After the court signs the order, the person will need to notify all the banks, Department of Licensing, utility companies, and dozens of other places of the name change.

    You can find the website for your district to find its procedures and forms for the name change. The website can be found at .

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  • Can I leave my home at 17 y/o?

    My mother (legal guardian) kicked me out of her house 3 months ago. Consequently, I had to move in with my father who I used to only see on weekends. I hadn't seen him in a year and then my mom decided to kick me out and make me move in with him. ...

    Thuong-Tri’s Answer

    Legally, you are subject to your parents' control until you are 18. Practically, it is doubtful that any police department or officer will do anything if you "run away" unless it is obvious that you have been kidnapped, otherwise forced to leave against your will, are being prostituted or otherwise abused or facing some sort of medical emergency.

    Your parents can file court proceedings to ask the judge to order that you return home. However, given that you will be 18 in less than 2 months and most family law cases in WA take much longer than 2 months, the parents filing court proceedings will not result in anything.

    Unless you are being abused at your father's place, you probably should consider carefully before leaving. Do you have the job skills needed to get a job to financially support yourself? Your friend likely is not going to buy your food for you. It may turn out that you and the friend do not get along after living right next to each other for a few days.

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  • Can I file for back child support for my 34 year old daughter?

    My daughter is going to school to become a dental hygenist and will have to go to college. Her biological father and I were never married. He has never paid anything for her. can I file for support? He is probably up in his years 58, but still wor...

    Thuong-Tri’s Answer

    Is there something wrong with your daughter that she cannot take care of herself at 34? Unless she is incapable of supporting herself (because of a mental or physical disability), the court is not going to be ordering her father to be financially supporting to support her when she is an adult.

    If she does have a mental or physical disability, is anyone going to hire her to be a dental hygienist? That is, would getting the training be a good use of resources?

    You can review the specific facts with your attorney. However, unless there is more to your situation, there does not appear to be a legal basis to ask for child support for a 34-year-old.

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  • What do i do?

    12 years ago I got divorced from my wife I've been paying child support no questions asked. Everything has remained the same since. 4 months ago my 2 daughters teenage daughters told there mother they don't feel safe living at herror home and just...

    Thuong-Tri’s Answer

    Until there is a new court order that you do not pay child support, you still have a legal duty to pay child support under the most current order even though the children are living with you.

    What you need to do is file the appropriate petitions with the court to have the children placed with you and to end your duty to pay child support. The mother likely will be ordered to pay child support.

    Being ordered to pay child support may prompt the mother to change her mind regarding having the children live with you.

    You should review the specific facts with your attorney to find out your legal options.

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  • How can I apply for I-130 petition for my family while I'm stuck in unsafe abroad country?

    I'm a US citizen living currently in Yemen, I'm married and I have 3 children. I need to get out of Yemen. Yemen right now is in war and my living place is so dangerous and unsafe and I've no place to go. they recently open the airport and I think...

    Thuong-Tri’s Answer

    If you are the biological mother of the 3 children, you should check whether they were born US citizens. If the children are US citizens, they do not need any visa to return to the US. They do need proofs that they are US citizens.

    INA Sec. 301. [8 U.S.C. 1401] provides: "The following shall be nationals and citizens of the United States at birth: ... "(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen year".

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