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Lisa Ann Sharpe

Lisa Sharpe’s Answers

3 total

  • Can I take all of my kids with me when i relocate?

    I go t divorced, i have custody of all of my kids, their father gets them every other weekend, he's paying child support, i'm fixing to move back to American Samoa, we have a house there, on our divorce papers it says that i just need to give the...

    Lisa’s Answer

    Washington State has a relocation action that requires notice of an intended move, if it is outside the children's school district. Your parenting plan may have language in it that recites the relocation act, depending on when it was entered. The notice of intended relocation is provided by statute, RCW 26.09.440, and is no less than 60 days before the intended move, or within five days of learning of the possible move. The other party then has the opportunity to file an objection to the move. The fact that your parenting plan says that you need to give six months notice is not enough under the relocation actions, if you fall within it, which you likely do because your proposed move is to American Samoa, then you will need to comply with the relocation action.
    There is a presumption that the parent with the majority of the residential time will be able to move, but there are other factors that the court reviews, including:

    (1) The relative strength, nature, quality, extent of involvement, and stability of the child's relationship with each parent, siblings, and other significant persons in the child's life;

    (2) Prior agreements of the parties;

    (3) Whether disrupting the contact between the child and the person with whom the child resides a majority of the time would be more detrimental to the child than disrupting contact between the child and the person objecting to the relocation;

    (4) Whether either parent or a person entitled to residential time with the child is subject to limitations under RCW 26.09.191;

    (5) The reasons of each person for seeking or opposing the relocation and the good faith of each of the parties in requesting or opposing the relocation;

    (6) The age, developmental stage, and needs of the child, and the likely impact the relocation or its prevention will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child;

    (7) The quality of life, resources, and opportunities available to the child and to the relocating party in the current and proposed geographic locations;

    (8) The availability of alternative arrangements to foster and continue the child's relationship with and access to the other parent;

    (9) The alternatives to relocation and whether it is feasible and desirable for the other party to relocate also;

    (10) The financial impact and logistics of the relocation or its prevention; and

    (11) For a temporary order, the amount of time before a final decision can be made at trial.

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  • I want a separation. how can i get my husband to leave the house? he won't go.

    he has had a drinking problem for a long time but now he is unable to work. he will not go to rehab. i want a legal separation but how doi i get him out of the house?

    Lisa’s Answer

    Separating households can be tricky. You can file for divorce and ask for a temporary court order that gives you possession of the house while the divorce is pending. It will be up to a judicial officer to decide whether to require him to move out. You have not mentioned the financial resources or resources available to your husband to afford his own residence. His ability to find other housing, and possibly your ability to pay for it, will be a factor. It is unlikely that a divorce Court will force him into rehab for alcohol, although it could be a condition of a parenting plan. There are other types of restraining orders that may also be appropriate to your case, but I would need more facts, including whether there are children involved.

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  • My husband moved to another state & bought a house after we were legally separated. Now I want to legally divorce.

    Legal separation in 2005. I stayed in our home which was awarded me in the separation. The title is in my name, the loan in both our names. (loan not refinanced yet) His new home is in Nevada. He purchased it as a "single man". Do we need to i...

    Lisa’s Answer

    Do you have a formal decree of legal separation that was filed with a Washington court in 2005? If yes, then in Washington state, if you obtained a decree of legal separation, then you have a final court order that separates your property. Assuming you have this court order, then it is a final judgment that separated your property in 2005. You can convert a decree of legal separation to a decree of legal dissolution six months after entry of the decree of legal separation, as set out in RCW 26.09.150. Four years have passed since your legal separation, so you should be able to convert it to a decree of dissolution. You will need to file a motion with the court to convert the separation to a divorce. You would not need to include your husband’s new property, assuming he is solely on title and the loan, because it was acquired after the decree of legal separation. I would need to know more facts about your rights to his estate, including whether or not he has a will.

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