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Janet M. Watson's Answers
- 53 Legal Answers
- 0 Legal Guides
2
Attorney answers:
Do I still have to pay child support to my ex who is not taking care of our daughter?
Child support orders are teminated by the court at request of a paying parent if the child has become "emancipated" prior to becoming an adult. If your child is really so out of control that she no longer lives with her mother nor is supported by her parents, and you can provide persuasive proof of this to the court, the court could terminate your support order now. If you cannot afford an attorney contact your local county Bar association and ask for references to free legal clinics. Also...
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2
Attorney answers:
WA Primary Residential VS Sole Legal Custody
His behavior demonstrates an intent to abandon the children and his parental responsibilities. Under these circumstances you should consider filing a Petition to Modify the Parenting Plan, to give you sole decision making in all areas. You will have the ability to make a motion (written request for immediate relief) as soon as the Petition and motion are served and filed. If you cannot locate him for the purpose of having him process served, you will need to explain in an affidavit to the...
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1
Attorney answers:
How do you fight false allegations made by a family member who you have had a resent fight and they turn you in out of spite
You need to consult with an attorney immediately. Without knowing what the notice said, I cannot react more specifically to the notice. You should not assume that because you feel you won the last round with CPS that you will "win" this one too. The stakes are too high. If you cannot afford an attorney, the court will appoint one to represent you in the dependency case it sounds like CPS is preparing to have filed against you. A "dependency" case is brought when a child is considered at...
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3
Attorney answers:
Can I move to another state if I have custody and there is no parenting plan?
WA has a Relocation Act (in RCW 26.09) that requires the primary parent to provide formal written notice of relocation to the other parent at least 60 days (or when find out you need to move is that is less than 60 days before an intended move IF the other parent has court-ordered time with the child. A "parenting plan" is usually the court order governing the nonprimary parent's residential time. So technically you could move without the Relocation Act applying if the father has no court-...
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1
Attorney answers:
What form for requesting sole legal custody?
The basic custody form is a "parenting plan" . This is a state mandatory form, and is used whether the parents were married or not. You can download one from my website seattlefamilylaw.net and from many other internet sources. While WA does not use the term "sole custody" the Parenting Plan form contains separate provisions for residential schedule and "decision making". A non-primary parent is allowed joint decision making as the "default". However, if the non-primary parent has...
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3
Attorney answers:
As a single father in washington state, how can I get full custody of my child?
If you were never married but DID acknowledge paternity of your son on his birth certificate, you can ask the court to establish a parenting plan. There is a WA mandatory court form for this purpose called "petition to establish parenting plan". If you need attorney assistance and cannot afford it Snohomish Co has a "family law facilitator" that can help you select the forms you need to complete and file, If you are not the acknowledged father you must file a petition to establish...
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3
Attorney answers:
Can my son choose to not allow me visitation at age 13.
Yes you can enforce your Plan rights by a "show cause contempt motion". However, even though you have a right to enforce by law it sounds like you have a significant problem in your relationship with your son. You may want to consider in addition or prior to making a contempt motion, to seek professional family counseling with your son to address his issues. At his age, being forced by a court order against is will to see you may harm your relationship rather than facilitate it. good luck.
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2
Attorney answers:
Will I be paying child support?
You are not legally liable for support of your boyfriend's child not living with him. Therefore, if DCS seizes funds from any account in his name that includes your funds, you would be able to object and have your share of the seized funds returned to you. If you are concerned about back support collection, you should not place funds in accounts in his name, to avoid this problem. If your boyfriend and you marry AND the child lives primary with you and your husband, then you are legally...
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3
Attorney answers:
If there is no court order for child support and the other parent gives money does it count when an court order is issued
If you were not married to the father, the court order of support that you (or the state on behalf of your child) may request from the court can impose support beginning at the date of the child's birth. If you were married, the order may begin at the date of separation, but usually "temporary" order (in place until trial) do not go back to the date of separation, but rather reserve that issue for trial and decide on current/future support only. If a support order is entered at some point...
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2
Attorney answers:
In a Parenting Plan what is the definition of Scheduled Residential Time when it involves school & extra curricular activities?
You should review the "Alternative Dispute Resolution" provisions of your Plan and consider initiating mediation, arbitration or other ADR designated in the Plan. As I understand it, the other parent believes that you should be excluded from school and other child activities on the "other parent's" time. If your Plan is silent on this issue, and there are no legal restraining orders in place, this strikes me as a "plan implementation" issue best addressed by ADR. In fact if it is an "...
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