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Dave Hawkins
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Dave Hawkins’s Answers

7,392 total


  • Are Attorneys able to bill My Ex-Spouse for services?

    I have three children and was married for 15 years. Both my Ex-Husband and I had drinking problems and the marriage ended. While I was in treatment my ex locked me out of our home and filed for divorce. As far as I know he never got treatment and ...

    Dave’s Answer

    No. There is no contractual relationship between the opposing party and your attorney. Your attorney may ask for assistance in paying your fees in a court action based upon need and ability to pay, but it has to be done in a hearing or trial.

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  • Non-Parental Custody Question

    I was granted custody of my niece and nephew last year, and how I understood was that I would have custody of the kids indefinitely unless their father contests it. Is this true, or do I have to re-apply for non-parental custody every year? I am g...

    Dave’s Answer

    You will have to take the documents in your possession for an attorney to review - there is no way to answer without seeing the orders -- they may be temporary.

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  • Do we file the petition here or in Oregon. Because the father's identity is unknown which petition do we use?

    I conscent to my sisters' legal gaurdianship to my son ( who also wants to go age14.5). We all agree and the father's identity is unknown. I live in Wa. My sister lives in Or. Is this difficult?

    Dave’s Answer

    es this is difficult. D not try to accomplish this without hiring counsel. Wa may not eve have jurisdiction over the case under the UCCJEA

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  • Husband moved to Alaska, abandoning his 1 year old daughter. Divorce is in the works. Can I get full custody?

    My husband moved out over a year ago, locally, and then moved to Alaska in August. I have started divorce paperwork with a paralegal, but she doesn't seem to think that I can get full custody of my daughter. What do I need to do to get full custody?

    Dave’s Answer

    This is the problem with seeing a non-professional -- there is no such thing as full custody in Wa. state. You will be designated as the primary custodial parent and he will have some sort of visitation. if you want things done properly, you need to hire someone who is licensed to practice law and has been to law school.

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  • Do i even have a chance of getting my son back without playing dirty? i just want to be able to hold and see my son everyday.

    I was a stay at home mom, i breast fed my son everyday and i gave birth to him in the state of Washington. I got my son taken away from me without my consent when he was 6 months old. His father took him and moved to California to live with his pa...

    Dave’s Answer

    Wa state may no longer have jurisdiction over the case since the child has lived in CA for 6 months. Go see an attorney -- that is your solution.

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  • Can I motion for a Final or Permanent Custody/Parenting Plan or do I have to Submit them as proposed, then temporary first?

    Paternity has been established thru State. Been waiting on Non-Custodial parent to submit PP for 2+ years. I never filed a Motion for a temp custody/PP. Non-Custodial parent hasn't seen child in over 3 years. Non-Custodial parent recently began...

    Dave’s Answer

    If an action has been filed and has been pending for 2 years, the case has likely been dismissed in King county and you have t start over. Why would you wait for the non-custodial parent to file a PP -- you filer and be proactive. Sounds like you need to see an attorney.

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  • What can I do to retain my parental rights to my daughter and get her back to me

    My former girlfriend of roughly 3.5 years took my daughter to Alaska directly after thanksgiving and now she is denying me access to her, all access, I love my daughter and I want her back with me, my whole life feels empty without my baby girl, s...

    Dave’s Answer

    Unless you were married when she was born, you have no rights to her until a Parenting plan has been established. That means you have to be proactive and file a Petition to establish a Parenting plan. Be warned, as soon as the child live sin Alaska for 6 months, Wa will no longer have jurisdiction to hear nay petition for custody. you have to do something -- no one is going to do it for you and it won;t be cheap so please do not fool yourself. The clock is ticking -- go see an attorney now.

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  • Can she just take him like that? If we go back to court will the fact I've had him help me? Advice?

    I am a single father who has had my son for the last year in my care, yesterday my sons mother took my son from my brothers house without my knowledge, we have a parenting plan a few years old that states she has him mon-fri I have him weekends. H...

    Dave’s Answer

    If there is a PP in place and she has residential time with him, then yes, she can exercise that time as per the PP.

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  • Can my ex husband legally come after me for any of things mentioned?

    My ex-husband is trying to force me to give him a bank statement of showing money I received from my fathers life insurance policy payout when we were still married It was put in a separate bank account while we were married. The payout of the pol...

    Dave’s Answer

    He's a bully -- nothing more. Since you are divorced, he could file a motion to enforce the decree, Without an attorney, he won't get very far. He does have the ability to ask for an accounting in most child support orders, as to what an accounting consists of, that's up in the air. In 22 years of practice, I have never seen this happen.If you feel threatened, hire an attorney.

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  • Served with visitation papers from out of state father who does not have relationship with child?

    Hello, I was just served with a proposal for parenting plan by my daughter's father. Basically, he has seen her twice in six years, four years apart and moved to Kentucky away from her. I am not sure how to respond to his proposal as he has never ...

    Dave’s Answer

    Yes. I am assuming this is a Washington case. Since he moved away, a transitional PP should be entered easing Father and Daughter into a visitation schedule. You should hire counsel since he lives out of state -- these cases can be difficult.

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