Erasmo John Compatore's Answers

My boyfriend is a type 1 sex offender can he legally live me me and my 1 year old son in WA state

You should consult with an attorney and review our statute on this issue. See RCW 26.09.191. In essence, your ex-husband can seek a court order that prevents your fiance from having any contact with your daughter. If a parent resides with a a person who was convicted as a sexual predator, the court MUST prevent that person from any contact with the child - "except contact that occurs outside that person's presence." If your ex-husband bring this case, I suspect your boyfriend will be...

3 people marked this answer as helpful

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

Hello, I practice in Seattle. No, your daughter (age 6?) CANNOT tell you where she's going to live, or when she'll visit. If he's interferring with your time in the Parenting Plan, then he's in contempt of court and he can be fined or jailed. The relocation act requires that he should have provided notice of his INTENT to relocate his residence, but only IF his new home is in a different school district OR is more that 20 miles from his home. If his move is not of that kind, then there...

2 people marked this answer as helpful

If my 9 year old daughter does not want to visit her father do I need to make her go

The short answer in Washington State is that "YES" your daughter MUST GO VISIT WITH FATHER. Unless there is something going on, making father's home or environment something that will negatively impact your child. That could be that the father is a druggie/alcoholic/mental patient. Court's decide what's in the child's best interest. To modify an existing parenting plan (in Washignton) your ex-huband must prove that your home, or your parenting style, are a negative for the chil (that you're...

4 people marked this answer as helpful

Mother has full custody of 16 year old and father has no visitation rights child wants to live with father in WA is this okay

You live in Washington and I practice in Seattle, so I have a solid answer for you. Your son cannot change the custody order that is now in place. However, the law allows the court to "listen" to your son for his preferences. But, not too many judges do that - it puts the kids in the middle of the fight and it would kill one parent's relationship with the child. I don't know WHY your child wants to live with dad; you need to find that out. It's probably not a really solid reason (maybe...

Mother has full custody of 16 year old and father has no visitation rights child wants to live with father in WA is this okay

I've heard our Washington judges say that "Kids vote with their feet" meaning that, if the boy wants to go live with dad, he'll make it happen some how. However, if you have a prior order that allows NO residential time to the father, then father will have to have the order modified. The court will try to decide what home will be in the boy's "best interest". If you live a normal life and you're not a druggie or alcoholic/mental case, the dad's fight will be uphill for him. However, at 16...

Can I get a restraining order for me and my son against the father because our child refuses to go to see the father

I don't know what state you're living in, but courts do have authority to change custody/visitation orders in cases like yours. You will need to prove that the father IS abusing your son, and that takes witnesses who are willing to come forward. You will probably need a lawyer to prosecute this case for you because these laws are technical in nature, and strict compliance is required. Good luck.

I owned our home before we married. Can i be forced out of my home?

Your home is your Separate property (all that property acquired prior to the date of marriage). It will not go to her in the divorce, but the value of the home (to you) may need to be "offset" in the property division - unless you owe more than the home can sell for.

Is my marriage valid in the state of CA if my husband is married to another woman, can I face criminal charges for his bigamy

I no longer practice in California, and I can not (under law) answer this question for you.

Child Support

Yes, DCS can help you increase (modify) child support - if the ex-husband is here in Washington. If he's still in California, you have to ask that office to take the action. Good luck.

I have legal and physical custody of my son. His father wants me to send our son to him for the entire summer. Do I have to?

I don't know what state you and your son live in, and I can only practice in Washington State. However, I would let the father take you to court (you can't stop him anyway) and then defend the case he brings. A whole summer is a very long time for a child of 8 or 9. That would also mean that you get NO SUMMER VISITATION - how fair is that? If you and Dad live in different states, he should get a few but long visitation periods, like Winter Break (1 of the 2 weeks off from School at...

2 people marked this answer as helpful