Bruce K Pruitt-Hamm’s Answers

Bruce K Pruitt-Hamm

Seattle Child Custody Lawyer.

Contributor Level 9
  1. Questions about getting a divorice

    Answered over 1 year ago.

    1. Bruce K Pruitt-Hamm
    2. Bruce Clement
    2 lawyer answers

    Your question raises several issues. First, you are now considered legally to be the child's "presumed father", because the child was born while you were married to the mother. RCW 26.26.116. Thus, you have a duty of support for your child. RCW 26.16.205 unless and until you terminate your relationship of "father" to the child. Second, if you intentionally stop providing support to a child for whom you have a duty of support you can be accused of and found to have abandoned your child....

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  2. In order to receive Medicare benefits, can a Senior gift, or transfer title of his home or homes to daughter to reduce assets?

    Answered over 1 year ago.

    1. Bruce K Pruitt-Hamm
    2. Lawrence A Friedman
    3. John Maurice Holcomb
    3 lawyer answers

    I believe that you are confusing Medicare and Medicaid, as many people do. Medicaid is a benefit only available to those who are income/asset qualified. Medicare is a form of health insurance for those who are over age 65, regardless of assets/income. I suggest you arrange a consultation with an elder law attorney. I also suggest you do some self-education. Here are some helpful links: http://www.washingtonlawhelp.org/issues/aging-elder-law/long-term-care-assistance-copes-nursing-homes....

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  3. What is the law in USA with regard to children inheriting from a parent. Can I contest my father's will from the UK if necessary

    Answered over 1 year ago.

    1. Bruce K Pruitt-Hamm
    2. Bruce Clement
    3. Joshua A Pops
    4. Peter Jay Visser
    5. Chandra Melissa Lewnau
    5 lawyer answers

    Your questions and summary raise several issues. First, you state that you believe your father's will was executed in Washington state. Thus under RCW 11.12.020 the laws of Washington state would likely control. Assuming he is domiciled in Washington state when he dies then the probate action to determine the validity and interpretation of the terms of the will would also occur in Washington under Washington law. Second, you state that you are suspicious that your father's current wife has...

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  4. Do I need my son's biological fathers permission to change his last name?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Bruce K Pruitt-Hamm
    3. Dave Hawkins
    3 lawyer answers

    the short answer is "yes". However, you speak of your son's "biological father" ("BF"), which may not be the same as his "legal father". Presuming BF is on the birth certificate or otherwise has legal standing as an acknowledged or presumed father (see RCW 26.26 for details) then you should have his consent or a court order. The landmark case discussing the factors for a judge to consider when name changes are at issue between legal parents is Daves v. Nastos, which you can read here: http://...

    6 lawyers agreed with this answer

  5. What response can I file to a Motion for revision that my husband just filed?

    Answered over 1 year ago.

    1. Bruce K Pruitt-Hamm
    2. Elizabeth Rankin Powell
    3. Dave Hawkins
    3 lawyer answers

    Motions for revision are based on RCW 2.24.050; CR59 and local King County Civil Rule 7(b)(8). I suggest you look up these rules (use a search engine or www.courts.wa.gov). A judge "hears" the motion by considering the pleadings in the court file- no new evidence is allowed. In re Marriage of Balcom, 101 Wn. App. 56, 1 P.3d 1174 (2000). You should object if your husband tries to raise new evidence in his motion/declaration for revision or while arguing orally. He should point out where the...

    6 lawyers agreed with this answer

  6. What legal action can be taken?

    Answered about 2 months ago.

    1. Bruce K Pruitt-Hamm
    2. Jacob Brian Smith
    3. Shawn B Alexander
    3 lawyer answers

    Aside from getting her consent to separate their finances (Property Agreement), which sounds unlikely, he should hire a lawyer to file either a petition for legal separation or divorce and to move for "ex parte" (one party, urgent/emergent) relief to restrain her from further squandering of marital assets and also move for temporary orders that keep his finances from being ruined by his wife. The prior answer suggested he may get some help from a JAG officer and if he can, he should; but a...

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  7. I want to protect my joint custody rights as my divorce nears finalization.

    Answered almost 2 years ago.

    1. Bruce K Pruitt-Hamm
    2. Dave Hawkins
    2 lawyer answers

    "Custody" determinations in divorce and paternity cases do not require proof of unfitness to "win" custody. The court is instructed to follow Clint Eastwood's example and look at both parents to examine the good (RCW 26.09.004), the bad (RCW 26.09.191(3)) and the ugly (RCW 26.09.191(1 & 2)). First, I recommend that you start by "googling" those statutes and read them carefully. Second, create a list of all the points you believe the court should know about in each of those categories. For...

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  8. What is the procedure for signing away parental rights if one parent is in Canada and the other in the U.S.?

    Answered over 1 year ago.

    1. Bruce K Pruitt-Hamm
    1 lawyer answer

    Termination of parental rights by voluntary consent (relinquishment) and adoption by a non-biological parent is governed by RCW 26.33 in Washington State; but since the biological parent (mother 1) and adopting parent (mother 2) live in Canada they should consult a Canadian family law attorney in their jurisdiction to answer this question. Unless a lawyer here is also admitted to practice law in Canada, we are ethically prohibited from offering legal advice re Canadian law.

    5 lawyers agreed with this answer

  9. Please define: A long-term impairment resulting from ... alcohol, or... abuse...for parental restrictions.

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Bruce K Pruitt-Hamm
    3. Dave Hawkins
    3 lawyer answers

    A restriction may be placed per RCW 26.09.191(3)...IF the court is convinced by the evidence that you have summarized here AND that such "out of control" drinking presents a risk of harm to the child(ren). I agree with Mr. Lewis' answer: request a hair follicle test or other means of determining alcohol consumption, and then for a chemical dependency assessment (CDA) by a certified chemical dependency counselor (CDCC) based on evidence other than solely self-report and that he follows any...

    5 lawyers agreed with this answer

  10. Is SEPARATION REQUIRED to file with the Petition?

    Answered almost 2 years ago.

    1. Dave Hawkins
    2. Bruce K Pruitt-Hamm
    3. Daniel Seth Williams
    3 lawyer answers

    No. As Dave Hawkins suggests, you may put the agreement into the Decree itself (in the body or as an attachment). However, there is an advantage to signing a Separation Agreement with your spouse when you actually reach agreement. If you don't then either spouse may change his/her mind during the 90 day waiting period before the judge can sign and enter the decree. You risk losing the agreement to an emotional upset. Second, you can maintain greater privacy about the terms of your settlement...

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    1 person marked this answer as helpful

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