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Joshua Nihan Foreman's Answers
- 5 Legal Answers
- 1 Legal Guide
2
Attorney answers:
Do grandparents have legal rights to have custody of my son? They forged my name they been filing behind my back illegal.
see also In re Custody of S.C.D.-L., a unanimous opinion of our State's Supreme Court, which was released today (Nov. 10, 2010) . onine at http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=841861MAJ
2
Attorney answers:
I'm a non-custodial parent, and my ex moved to a location where visitation is almost impossible. What can I do to see my son?
To the excellent answer above I would add this: the ex is in contempt if he or she failed to give you the required notice of the intended relocation. . Any noncustodial parent who receives a Child Relocation Act notice, and who objects to the relocation, should IMMEDIATELY object AND file and serve a temporary restraining order on the other parent. . I represented "Dad" in a Child Relocation Act objection mock trial, that was decided by a real Superior Court judge, at a King County Bar...
2
Attorney answers:
Do grandparents have legal rights to have custody of my son? They forged my name they been filing behind my back illegal.
Grandparents can only get custody under RCW 26.10.032, the non-parental custody statute. . See a decision this year by our state's Supreme Court at: http://caselaw.findlaw.com/wa-supreme-court/1509258.html . There is a high Constitutional presumption in favor of biological parents' custody, as long as the parents are fit. . There are a lot of good family law attorneys in Vancouver, such as Steve Bogdon: . http://www.mywsba.org/default.aspx?tabid=178&RedirectTabId=177&Usr_ID=12956 ....
2
Attorney answers:
Is there any way to get a GAL legally removed from your case; and get her license revoked?
Yes. . Grievance rules -- 2000 c 124: "Each superior court shall adopt rules establishing and governing procedures for filing, investigating, and adjudicating grievances made by or against guardians ad litem under Titles 11, 13, and 26 RCW." [2000 c 124 ยง 16.] . RCW 26.12.175(5): "If a party in a case reasonably believes the court-appointed special advocate or volunteer guardian ad litem is inappropriate or unqualified, the party may request a review of the appointment by the program. The...
2
Attorney answers:
How can i prove that i am insistent when it comes to DV and Criminal Mischief?
You don't have to prove anything. The prosecution has to prove that you are guilty, beyond a reasonable doubt. Don't tell the police anything except your name and that you deny the charges. If you can't afford a private attorney, use the public defender; they know their job, they just have too many clients. Your lawyer may be able to cut you a deal. If you go to trial, look your best. Listen to the questions carefully, and then answer them, briefly and to the point. Stay calm, and speak up, so...