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Kevin R. Scudder

Kevin Scudder’s Answers

4 total

  • Washington adult family home care provider is refusing to refund advance monies paid to terminate the admission agreement.

    Elderly resident has lived here for 3 yrs. POA signed an ADF Resident admission agrmt that required pymt of last month's fees upon move in. As rates were increased additional monies were paid to cover the full cost of the last month's fees. 30 day...

    Kevin’s Answer

    I would advise you to go to DSHS and raise the issue with that office.

    Another possible source is any organization that deals with Elder Abuse. I believe the Attorney General's Office has a department to handle elder abuse complaints, plus the issue of residential homes used to care for that population has been getting a lot of attention in the press lately.

    A last resort for you would be to file an action in small claims court where you live. No attorneys are allowed in small claims court but you can try to have the court order the money returned. If the agreement reads as you have related it seems like a clear cut case, though you never know what a court would do.

    Finally, you may want to file a complaint with the Better Business Bureau.

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  • My army husband who filed for an annulment when i was out of the country, sent me sign regarding our marriage

    but i declined because a lot of false statements were written there. He has since told me to just disregard the documents. I am still holding the documents. He is to retire soon from the army i know. What will my status be if he retires ? will i s...

    Kevin’s Answer

    I agree with the other attorneys that have responded to your question. You should seek an attorney immediately to determine what your husband is doing and to advise you accordingly.

    As a spouse of someone in the military, and depending on the length of you marriage you may have significant rights that you need to be advised about.

    And do not sign off on anything until you have taken the documents to an attorney with experience in military marriages.

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  • I have a friend that had been convicted of a drug related crime 8 years ago, he wants to fight for custody of his child.

    The mother states that because of the past drug charges he cannot ask for custody rights. She threatens him that he will never get any form of custody. Is any of this true? Can a person that has a past drug conviction obtain rights to his child?

    Kevin’s Answer

    I would be interested to know if your friend has ANY contact with the child. "Custody" rights can mean anything from seeing the child once a year, every other weekend, alternating weeks, or anything else that the parents come up with.

    Your friend's first step is to be clean of drugs and be able to show it to the court. Even if he is not he could still get some contact with the child, though in all likelihood it would be supervised by a third party.

    Despite what the Mother says the courts in Washington State bend over backwards to support both biological parent's relationship with their child. My guess is that your friend had a parenting plan that was entered without any input by him. What he needs to do is to file a motion with the court to modify the parenting plan currently in place. He is going to need the advice of an attorney, if not full blown representation if he can afford it. I have no doubt that as long as the only criminal history your friend has is drug related and that he is clean and sober, that he will be awarded residential time with his child.

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  • Parent plan

    My parenting plans says that drop off and pick up of the child will be in at a certain location. Since the plan was entered the non-custodial parent has moved to another city. When it's time to drop my son off the non-custodial parent refuses to r...

    Kevin’s Answer

    The first step to take is to look at the "Dispute Resolution" portion of your Parenting Plan. That section covers disputes in the residential schedule that you and your ex cannot resolve. Given that your ex moved the current drop-off / pick-up location does not work and needs to be changed. Your first step is to use the dispute resolution process to resolve the dispute and come up with another solution. Put any agreement that you get in writing signed by the two of you. Best practice would be to file it with the court. Your second step, if the first step does not work, is to stick to the current parenting plan and take the child(ren) to the spot that is set in the parenting plan. If the ex meets you there, fine. If not, then he will not get residential time. Third, if he refuses to transport the children to the pick-up / drop-off site then you can file a motion for contempt against him for failing to follow the parenting plan. Another possibility is for you to file a minor modification of the parenting plan to change the travel arrangments.

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