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Joshua Nihan Foreman

Joshua Foreman’s Answers

5 total

  • Do grandparents have legal rights to have custody of my son? They forged my name they been filing behind my back illegal.

    My parents and this attorney has been forgery my name and figured out how they been doing it it's called destruction they file improper papers and take out papers on each thing that has been filed by WA state law do grandparents have legal rights ...

    Joshua’s Answer

    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)
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    onine at http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=841861MAJ

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  • 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?

    I am not very good with court stuff. I am in good standing with the State. My ex, the custodial parent, took my boy to another part of the state where it is impossible for me to visit very often. What can I do to see my boy?

    Joshua’s Answer

    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.
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    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.
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    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 Association CLE (I won). If you object to the relocation of your child, you should contact me or another lawyer who is experienced in relocation cases immediately.
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    PLEASE READ: I am not your attorney. No attorney-client relationship is created between you and me by you reading this answer. My analysis is based on Washington State law and the limited facts available to me; you should get your own lawyer and take that lawyer's advice after he or she has all the facts.
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  • Do grandparents have legal rights to have custody of my son? They forged my name they been filing behind my back illegal.

    My parents and this attorney has been forgery my name and figured out how they been doing it it's called destruction they file improper papers and take out papers on each thing that has been filed by WA state law do grandparents have legal rights ...

    Joshua’s Answer

    Grandparents can only get custody under RCW 26.10.032, the non-parental custody statute.
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    See a decision this year by our state's Supreme Court at: http://caselaw.findlaw.com/wa-supreme-court/1509258.html
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    There is a high Constitutional presumption in favor of biological parents' custody, as long as the parents are fit.
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    There are a lot of good family law attorneys in Vancouver, such as Steve Bogdon:
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    http://www.mywsba.org/default.aspx?tabid=178&RedirectTabId=177&Usr_ID=12956
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    Good luck!
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    PLEASE READ: I am not your attorney. No attorney-client relationship is created between you and me by you posting your question on AVVO and me answering it. My analysis is based on the limited facts available to me; you should get your own lawyer and take that lawyer's advice after he or she has all the facts.
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  • Is there any way to get a GAL legally removed from your case; and get her license revoked?

    I was in an emotionally abusive relationship and tried to commit suicide over three years ago as a result. I have gone through three years of counseling which is well documented. Today I am going through a divorce and a GAL was appointed to deci...

    Joshua’s Answer

    Yes.
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    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 § 16.]
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    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 program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate or volunteer guardian ad litem on the grounds the advocate or volunteer is inappropriate or unqualified."
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    26 RCW is very specific about the requirements to be a GAL; demand your GAL's detailed qualifications, check them against the statutory minimum, and also check to see if the GAL is telling the truth; you may be able to remove the GAL because she fails to meet the minimum qualifications. If you can't do this, document the GAL's failure to do a good job, and ask the court to appoint someone else.
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    Your lawyer should be helping you and answering your questions. If you're posting questions on AVVO because you have doubts about your lawyer, you should shop for a new one. Be sure your lawyer is a member of the Washington State Bar Assoc's Family Law Section; this is no guarantee of competence, but anybody who isn't a member of the FLS is not a family law professional.
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    PLEASE READ: I am not your attorney. No attorney-client relationship is created between you and me by you posting your question on AVVO and me answering it. My analysis is based on the limited facts available to me; you should get your own lawyer and take that lawyer's advice after he or she has all the facts.
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  • How can i prove that i am insistent when it comes to DV and Criminal Mischief?

    i spent 17hr and 37 min in jail. I asked the cop why i was the one being taken in and he said " i would of taken both of you but you are the reason we have been called out two other times" so i questioned that and he refused to give me and answer ...

    Joshua’s Answer

    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 everybody can hear you. Be sure to demand a jury trial and look the jurors in the eye when you tell them you are innocent. The prosecution needs to convince everybody on the jury that you are guilty, but on almost every urban jury, you can count on having somebody who has had a bad experience with the police; don't think everybody on the jury is against you, and you only need to get one juror on your side. Good luck -- and stay out of trouble! PLEASE READ: I am not your attorney. No attorney-client relationship is created between you and me by you posting your question on AVVO and me answering it. My analysis is based on the limited facts available to me; you should get your own lawyer and take that lawyer's advice after he or she has all the facts.

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