Yale Lewis III’s Answers

Yale Lewis III

Seattle Divorce / Separation Lawyer.

Contributor Level 14
  1. Biological father has never paid child support or seen child in over a year, under WA law has he officially an abandoned parent

    Answered almost 6 years ago.

    1. Michele Gentry Hinz
    2. Yale Lewis III
    3. Birney O'Brian Bull
    3 lawyer answers

    You file a petition and serve a petition for adoption. the first step is to terminate parental rights of the father. make sure you get proper service. if the ex fights, then you have to go to trial and, honestly, your chances of prevailing aren't that good. if he doesn't fight, then you an order terminating parental rights, do a home study / placement report, then you go back to court one more time wiht all the paperwork. here is the sweetener for the ex: if his rights are terminated, he...

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  2. Son's mother Trying To Reopen Closed Child Support File For Modification

    Answered almost 6 years ago.

    1. Yale Lewis III
    2. Thuong-Tri Nguyen
    3. Sandra Dee Munoz
    3 lawyer answers

    if DCS closed the case, and your ex. filed a motion to modify in superior court, then all you have to do is file a response seeking to deny the petition based on the fact that it is closed + motion / decl seekig the same. then note a hearing on your motion. assuming the facts are as you indicate, the judge will grant your motion and, perhaps, grant attorney's fees. however, there is a possibility the facts aren't quite what you indicate. for example, the order of child support may end not...

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  3. WA state child custody and child support laws

    Answered almost 6 years ago.

    1. Yale Lewis III
    1 lawyer answer

    I am not an expert on TANF, but, my initial thought is, if they don't qualify, then they should not be getting TANF. I don't know what the eligibility requirements are, but I am sure that $9,000 + per month exceeds them.

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  4. WA state child custody laws, father moved with disclosing new address is this required

    Answered almost 6 years ago.

    1. Yale Lewis III
    2. Michael John Gainer
    3. Melissa Marie Denton
    4. Perry A Warbrick
    5. Erasmo John Compatore
    5 lawyer answers

    if the father's behavior is in clear violation of specific provisions of the parenting plan, you should consider filing a contempt motion if the father is committing domestic violence, you should call the police and obtain a domestic violence protection order. if the father is abusing the children, you should call CPS and consider obtaining a domestic violence protection order

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  5. Procedure for seeking non parental custody of 16 year old niece WA state

    Answered almost 6 years ago.

    1. Yale Lewis III
    1 lawyer answer

    if all parties agree, the process is relatively simple. 1. prep.are petition 2. both parents sign the joinder statement on the petition 3. file petition 4. obtain order re: release of CPS records ex parte 5. prepare resid. sched., which all parties sign 6. prepare decree 7. prepare findings 8. pass JIS criminal background check 9. obtain final decree / findings ex parte call me if you wish

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  6. Under WA state law can judge overrule one parent signing over parental rights and not paying child support

    Answered almost 6 years ago.

    1. Thuong-Tri Nguyen
    2. Yale Lewis III
    2 lawyer answers

    Child support cannot be modified retroactively, except under very rare circumstances. Parental rights cannot be terminated unless some other parent is willing to take over the child support duty prospectively. i.e. and adoption. even this does not discharge the past support basically, there is not legal way to "get around this."

    2 lawyers agreed with this answer

  7. Under WA state law at what age can a child decide what parent to live with

    Answered almost 6 years ago.

    1. Yale Lewis III
    1 lawyer answer

    children have no absolute right to decide with whom they want to live, regardless of age. once they are 18, of course, they are no longer children and can live whereever they wish. however, courts will generally pay more heed to a child's expressed wishes the older the child gets. the way to get the child's wishes before the court is to have them tell a therapist what they want and then have the therapist opine about what would be best for the child. if you introduce what you say the...

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  8. Child Support Payment

    Answered about 6 years ago.

    1. Yale Lewis III
    2. Dave Hawkins
    3 lawyer answers

    here is another possible defense: 5. fraud. you ex was under a legal obligation to inform the state of how much child support she was receiving from you. if she intentionally failed to do this, and the state based the order on this bad info, then she committed fraud/perjury and the order may be void on that basis.

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  9. Child Support Payment

    Answered about 6 years ago.

    1. Yale Lewis III
    2. Dave Hawkins
    3 lawyer answers

    first, you absolutely must see a lawyer. you may have at least one of the following defenses: 1. lack of jurisidiction (order is invalid if the issuing court never had jurisdiction) 2. statute of limitations: each monthly installment is an independent judgment that expires after 10 years 3. payment. if you already paid, then the judgment is satisfied 4. death. the payments were due your ex to reimburse her for raising your child. if your ex is dead, the claim may be dead. I'm not...

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  10. Legal Separation

    Answered about 6 years ago.

    1. Thuong-Tri Nguyen
    2. Yale Lewis III
    2 lawyer answers

    frankly, the response to the petition is not a very important document. it mostly just procedural. fill out the response as best you can. make a note that the petition is incomplete, so therefore your answers are incomplete. you can always check the box that says "lacks information." just turn in something by the deadline. that way, the other side will have to notify you about whatever they want to do next.

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