-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Yale Lewis III's Answers
- 307 Legal Answers
- 0 Legal Guides
2
Attorney answers:
How long is a temporary order of custody valid
In Washington, the temp. order would be valid until superseded by a new order, final or temporary. The exception to this would be if there were an automatic sunset clause. For example, the order shall expire when the child turns 15, or whatever. I would need more info to give you a more complete answer.
Selected as best answer
2
Attorney answers:
Which is the best option-3rd party custody or emansipation?
you need to file a 3rd party custody action in the county where gdaughter is in hiding. If dad is in CA, that gives you something of a tactical adv. Unfortunately, the standard of proof for prevailing on a 3rd party cust. action is quite high. You have to prove that the bio dad is unfit, or that placing her w/dad will result in actual detriment to her health and well being. These cases rarely win, but, depending on the facts, it might be best to try
Selected as best answer
2
Attorney answers:
L&I claim & pension
pensions accrued during the marriage are community property. Upon divorce, each spouse has a claim to an equitable share of the pension from date of marriage or maybe earlier to date of separation. compensation for the lifetime injury is trickier. Normally, the court will reason that the personal suffering of the spouse is the separate property of the spouse. However, the portion of the pain and suffering payment that is replacing money the spouuse would have earned by going to work is...
Selected as best answer
3
Attorney answers:
Current washington state grandparents visitation rights
As mentioned, in Troxel v. Granville, the US Supreme Court found parts of the third party visitation statute unconstitutional. However, at least one post-Troxel decision by a WA court has recognized that a de facto parent is consitutionally the same as a bio parent of adoptive parent, and therefore would have visitation / custody rights. to be recognized as a de facto parent, you must show: 1. the bio/adoptive parent consented to the de facto parents' parent-like relationship w/the child...
4 people marked this answer as helpful
1
Attorney answers:
Does the court usually award the mother most custody when an 8 month old child is at stake when there are no issues with the mom
for an 8 mos old, the court will want the baby to be with her primary caregiver most of the time, but see her other caregiver frequently and for short periods of time, say 2 hrs a day after her nap. until she is 1 yr old. As the child gets older, the court will usually increase time with the other parent, possibly 50 / 50, though this is still not the norm.
3 people marked this answer as helpful
4
Attorney answers:
AGE FOR A CHILD TO CHOOSE PARENT TO LIVE WITH ?
the age of majority in WA is 18. After 18, the child is legally an adult and can live whereever he/she chooses. Before then, the child is supposed to live whereever the parenting plan requires. However, as the child matures and gets older, the court will be more willing to consider the child's expressed wishes. in king county, the best way to get a child's expressed wishes into evidence is to have him / her talk to a therapist. the therapist would then write a decl. reporting what...
3 people marked this answer as helpful
1
Attorney answers:
Parental Rights regarding 16 year old daughter
i don't know of such a website. however, off the top of my head, here are some of her rights: can: drive, subject to certain restrictions file a child in need of services petition with DSHS / juvenile court have an abortion have a guardian ad litem in a dependency proceeding can't smoke / drink skip school violate local curfew ordinances loiter / trespass etc
3 people marked this answer as helpful
3
Attorney answers:
Soon to be ex-husband filed joint tax return without my involvement or consent
1. follow your existing atty's advice 2. if you didn't sign the joint return, it isn't valid 3. at the very least, ask for a credit for 1/2 the tax refund in your decree of disso.
3 people marked this answer as helpful
3
Attorney answers:
I received a settlement from an auto accident 3 years ago. My husband now wants a divorce - is he entitled to any of these funds
the court will probably consider personal injury award separate property, under the theory that you were the one who experienced the pain and suffering, not him. However, both community and separate property are before the court for division at divorce, so, the fact that it is separate, doesn't necessarily mean you get it and he doesn't.
1 lawyer agreed with this answer
2
Attorney answers:
IF a separation is being contested do the bills that keep coming into the home that I am paying, can they be his bills also?
typically, the court will make each party responsible for their own debts post day of separation. Creditors, however, will go after whoever they can and aren't bound by the court order. the court order only affects the parties.
2 people marked this answer as helpful