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Yale Lewis III

Yale Lewis’s Answers

308 total

  • As a non-custodial parent can I get a restraining order against an adult I don't want spending time with my minor child?

    My daughter is 14 and has befriended a former roommate of mine, a woman in her thirties. I don't like this woman's influence on my daughter, I'm not sure she's in any immediate danger with her but prefer not to have that door open. She's immature,...

    Yale’s Answer

    You have as much right to get a rest. order on behalf of your daughter as the custodial parent. However, it doesn't sound like you have enough evidence. A court will only issue a rest. order if there is domestic violence (which includes a pattern of threats of domestic violence), drug use, or other criminal behavior.

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  • Is it lawful in Washington State to take your child on vacation out-of-state without the other parent's permission?

    There is no wording in the parenting plan stating that the child can not go on vacation out-of-state. It does not interfere with the supervised visitation. I am the residential parent until the parenting plan is changed. I am NOT moving out of sta...

    Yale’s Answer

    you don't need the other parent's permission to take the child out of state unless is says so in the parenting plan or there is some other order in place e.g. a rest. order. You just need to comply w/the terms that are in the PP.

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  • Extension of question: Custody of grandson who currently resides in another state.

    The child in question is currently in Utah. The other child with supervised visits lives in Ca along with the mother. The child's Paternal grandparents are deceased. No other claims that I know of at this time. Sister of deceased father has physic...

    Yale’s Answer

    Jurisdiction will lie in Utah, where the child resides. You need to hire an atty in Utah. In Wash., both parents would have equal rights to the care and custody of the child. The parenting plan between parents would be based on the best interest of the child. If the parents were either AWOL or deceased, and CPS was are of it, then the child would be found dependent by the juvenile court, and placement / custody would be determined by the Dependency Statute. If DCS was not involved, then typically the child's third party physical guardian would file a non-parental custody action.
    I don't know how it works in Utah, but it is probably similar.

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  • Does it matter how many roommates are living in my ex wife house and with all of them working would it change the child supp amt

    My ex wife has a 5 bedroom house and she has her friend and her friends boyfriend and their daughter; and my ex has her boyfriends sister there and every other weekend his 3 kids. Does it matter how many people are living with her and I was wonder...

    Yale’s Answer

    Rental income is considered income and is a mandatory addition to her gross.
    The income of other persons living in the household is a discretionary factor which the court commissioner may consider, though, in my experience, they never do.
    If you can prove that her income has gone up substantially due to rent since the order of child support was entered, then you have a basis for a major modification. If the income has not gone up substantially and two years or more have elapsed since entry of the last order, you have the basis for a minor modification.

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  • Can my ex-wife send my son out of state by himself without my permission?

    In our parenting plan it states that we are each entitled to 14 days of vacation time with our son outside of the normal residential schedule. The only stipulation is that we must give the other parent 30 days notice and provide all relevant cont...

    Yale’s Answer

    The vacation language is ambiguous. The intent of the vacation with parents is to spend time with the parent. On the other hand, the primary custodial parent does not have the right to micro-manage or veto what the non-custodial parent does during visitation.

    Having said that, I don't think the facts are all that ambiguous. I think six years old is too young to send a child as, here is the phrase the airlines use, "an unaccompanied minor in the custody of the airline." If the child has a very close relationship with his aunt, and has done that flight many times before, then, perhaps, he is old enough. Otherwise, I don't think he is. Even beyond the unaccompanied minor issue, I'm not sure the six year old should spend 7 days alone with the Aunt, again, unless he knows her very well, has bonded with her, and spent considerable time with her.

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  • I want full custody of my children father pays NO $$ hasnt seen/talked to them in 6 yrs how can I go about this in Seattle

    we divorced, leave in separate states. I do not know where he is or how to contact him. I receive NO child support and I am taking care of my children everyday. I want to renew passports but need permission how do i get around this i live in Seatt...

    Yale’s Answer

    If you are divorced, at least if you got the divorce in Washington, then you must have a parenting plan. If he has not followed the parenting plan for 6 years, then you do have a basis to modify it. However, there doesn't appear to be any immediate need to modify it, so I'm not sure you should spend your energy there.

    The real issue is your passport. The US State Department will grant an exigent circumstances exception to the requirement that both parents sign the passport. There is a particular form you need to fill out. File that form, if they still won't issue a passport, inquire about what they need you to do, then do it. It may require a court order, but I doubt it

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  • Step-Father inserts himself between Father & Son as he disagrees with parenting approach, anything legally can be done?

    Step-Father escorts Father's son away from Father in public events and when Father comes over to talk to his son Step-Father indicates Father can't talk to him and implies a confrontation will occur. It has not escalated as of yet, but if this co...

    Yale’s Answer

    The step-father has no legal rights to the child whatsoever. The parent's rights/responsibilities are set forth in the parenting plan. If the parenting plan does not put any restrictions on the father's right to attend son's ball games, concerts, etc, and the mother is allowing the step father to interfere, then she is in contempt and you should file a contempt motion.
    However, contempt is an extraordinary remedy, and you really should consult and attorney before invoking it.
    Obviously, any violence between father and step-father would be extremely detrimental to everyone, including the son.

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  • Will a lawyer be able to help me?

    My kid's father (never married) separated over a year ago and he moved out. We own a home together - both on title, but he is alone on mortgage. He stopped paying mortgage last August, telling me he was modifying loan so I could stay. Months went ...

    Yale’s Answer

    You need to discuss your situation with a bankruptcy attorney.

    Meretrecious Relationship
    Since you were never married, there is no community property per se. However, if you were co-habitating, and held yourself out to the community as a couple, for a sufficient period of time, then you may have a meretricious relationship and whatever debts and assets you acquired as a couple could be before the court for allocation.

    The bankruptcy process will, essentially, freeze any domestic relations process until completed. So you will prob. go through that process first

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  • I'm am a father of a child who was born out of wedlock. I would like to win Custody of my child. Can this happen?

    I had a child with a girl that has 2 children from a previous relationship. I want to get full custody of my child. She is very unstable mother. She has been using the child as a tool against me. She refuses to let me see my son and I'm really wor...

    Yale’s Answer

    1st issue is whether you are the legal father. If the mother identified you at birth as the father, or if you were present at the birth, then you should be on the birth certificate.

    the next issue is whether you have a parent plan. My guess is you don't. If that is true, you need to file a petition for parenting plan / residential schedule and order of child support. Attach the affidavit of paternity to this petition. Under that cause number, you would then file a motion for temp orders: parenting plan & child support. In support of the parenting plan, you would file a decl from yourself stating the history and why you think the child's best interest is better served with you as the primary custodial parent.

    You would also want corroborating declarations from 3rd parties, e.g. the child's Sunday school teacher, your neighbor, your mother, etc.

    In addition, you will need to re-arrange your life so you can, in fact, be primary e.g. the child would need his/her own bedroom, daycare when you are at work, actitivies such as scouts, soccer, whatever.

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  • How do I get a passport for my daughter if the father wont consent?

    We both live in the state of Washington. We do not have a defined custodial agreement so it is "shared" custody. He was recently released from jail for a sex crime and I have not let him see our daughter. He said he will only sign the paperwork...

    Yale’s Answer

    The best course of action would be to file the petition for residential schedule immediately. Under that cause number, file a motion for temp. orders requiring him to sign the passport application and a release saying your daughter can travel abroad. If he then refuses to comply w/the order, file a contempt motion

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