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Dave Hawkins's Answers
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3
Attorney answers:
As an immigrant, do I have to notify USCIS if I'm moving to a different apartment in the same building?
Yes.
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3
Attorney answers:
How do I get my abusive ex's rights dropped to our kids.
In Wa., the only circumstance where parental rights are terminated (as opposed to restricted which are two completely different things) by adoption or action of the state. There is no legal basis for you to ask that his parental rights be terminated unless there is an active adoption in place for someone else to step into his shoes as Father. This does not mean that you are prevented from asking for further restrictions, but the statute doesn't allow for one parent to terminate the parental...
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3
Attorney answers:
Can Grandparents reasonably offer Judge ability to grant temp custody while divorce is litigated? Washington State case
A complicated factual scenario which offers little relief. Only the parents are parties to the Dissolution of marriage and a court may not place a child with a third party unless that third party files a Petition to intervene or an actual third paty custody petition which is difficult in Wa. state because a custodial parent has absolute control over where the child lives or even who sees the child. Grandparents have no custodial rights to children unless the child is living with the...
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3
Attorney answers:
My husband filed for divorce, which I wanted. He filed n march, never served me, so I filed my own and served him? Now what?
Well, unfortunately, your'e in King County which complicates procedures a bit. You now have two cause numbers with two separate trial dates -- this will get confusing and messy. There was a option you could have opted for (demand that he serve you a copy) but it's a little late now. The simplest course now may be to file a motion to consolidate the two cases. You both have constructive notice of the existence of the other Petition, so it won't be easy to default, i.e., you would have to file a...
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3
Attorney answers:
Do I need legal representation for a temporary restraining order filed against me for domestic violence?
Yes you need legal representation. Often times in the midst of Protection order hearings, temporary decisions are made about contact with children and distribution of property. To appear without counsel would be foolish and unproductive.
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4
Attorney answers:
What can i do abot a tv show puting me on air as child molester when i have never had those charges
You need to hire an attorney to represent you.
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2
Attorney answers:
Getting a no contact order and charges for domestic violence dropped
In Wa., there are a number of types of no contact orders that arise in family law and criminal law. In the family law arena, if the no contact order was entered by the Court as part of a domestic violence petition, and that Peittion was granted for the 1 year period and then breached, resulting in a charge of DV IV, it is the prosecutors decision to drop the order regardless of what the victim wants. i.e. it is the State v Husband, not wife v. husband -- the victim is just a witness. If there...
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3
Attorney answers:
Fired Our Attorney. G.A.L has completed Her Recommendation. Need New Attorney In A New County.
Why do you want to change Venue? In order to do so, you would need to file a motion to change venue and since the GAL has already finished her report, there seems little justification for doing so. Just because you move out of the county from where the action was originally filed does not mean that you need to change venue. If the GAL practices in the county in which the action was originally field , the court is going to be reluctant to change venue because of he associated cost of having the...
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2
Attorney answers:
Child Claim on taxes: Can I request a change in the divorce decree?
To modify your child support, you need to file a Peittion to modify based upon changed circumstances. You need to check with Kitsap county local rules regarding procedure becuase all counties handle the modification of child support differently. As to visitation, there is a procedure for giving a non-custodial parent a residential credit for the amount of time he/she spends with the child. In your case, that issue would pivot upon the visitation schedule and as I said it is for the non-...
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3
Attorney answers:
What is the penalty for violating a protection order if both parties are amicable and want to have contact.
A protection order is a court order. Your son cannot ignore a court order. If your son violates the court order he will be charged criminally and could face incarceration for t least a year. If he was wrongfully, convicted, did he appeal, If not, that argument has no merit. The only way your son can see the girlfriend without risky further charges is to move to get the order terminated. My suggestion would be to hire a criminal defense attorney. Hope this helps
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