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...
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...
i don't know of such a website. however, off the top of my head, here are some of her rights:
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
smoke / drink
violate local curfew ordinances
loiter / trespass
Technically, you are not divorced until you are divorced i.e. when the final papers are entered, and the community isn't terminated until you are divorced
however, many, if not most, couples get a tempoary order shortly after separation that makes all debts and other liabilities acquired by either party after the day of separation the responsibility of the party that incurred it. it may also make all assets acquired by either party after the date of separation their separate property....
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 order would be valid until superseded by a new order, final or temporary.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.
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
a parent cannot relinquish parental rights unless someone else is willing to step in the parents shoes and care for the child. Generally, this means a new parental figure must adopt.
the other option is to get DSHS involved and make the child a dependent. this prob. is not a good idea because then you lose control over your child and his relationship with you.
the fact that he is in prison is not legally relevant. serve him in prison with the divorce papers and get divorced. given that he is in prison, he may be willing to sign the joinder and you would have an uncontested divorce. if not, he would have to get an atty to represent him at trial, eventhough he personally couldn't attend the trial.
first of all, if your husband has a parenting plan, the only way to modify it is if you can prove a substantial change of circumstances in his ex's household. this would be something egregious, like the children have started to drop out of school and do drugs, or maybe the ex. has become a drug user or a prostitute.
if the situation is simply that your household has stabilized and become more child friendly, that isn't good enough.
second, maybe there isn't a parenting plan. if that is...