Skip to main content
Dave Hawkins
Avvo
Pro

Dave Hawkins’s Answers

7,217 total


  • How Long Does the Father Need to be Uninvolved Before the Mother Could Gain Full Custody?

    My son is 2 weeks old and his father has made no attempt to see him so far (I know it'll be several months before it could be established) his father has been in and out since I told him I was pregnant and I'd really rather my child not go through...

    Dave’s Answer

    There is no such thing as full custody in Wa. state, your are the primary parent and he will have residential time with the child, even if he does not exercise the same. You cannot force him out of the picture. His right to parent is protected by the US Constitution.

    See question 
  • Is it okay for me to move out of state with my children?

    I have the opportunity to move to Idaho and buy a house. My husband walked out 2 years ago. I have 2 toddlers. He does not pay child support, always has me bring them to his mothers house when she's there. I pay for transportation. There is no par...

    Dave’s Answer

    If there is ANY kind of custody order in place, you must comply with the relation act before you move giving him 60 days written notice of your intended relcation

    See question 
  • If a GAL report from what the child says whom is mature enough to state their voice

    says things inconsistent with supervised reports and evidence , what generally is supposed to happen on the day of the hearing for this?

    Dave’s Answer

    The Judge will decide which information is more credible -- there is no such thing as "generally" in family law litigation.

    See question 
  • What do I have to do to change temporary custody to permanent custody?

    I was granted temporary custody of my granddaughter nine years ago in Yakima county in Washington state. She is now ten years old and her parents have not tried to make their lives better. Her father is convicted sex offender, mother is mentally u...

    Dave’s Answer

    You will need to consult with a local family law attorney. The answer to your question is procedural in nature and you will need to comply with local rule as to how to finalize the case.

    See question 
  • Can we file emergency custody under abandonment for our great niece?

    our great nephew has been with us for the last month and a half so that his mother could go to detox and then rehab. first apparent stint at detox she did not attend and went into hiding for a week. Second stint she left early. Contact with the ch...

    Dave’s Answer

    You would first have to file a third party custody action serving both parents alleging that they are unfit.. Then you would file a motion for temporary custody which can be very difficult since Grandparent/Third parties in Wa state have no custodial or visitation rights to children over the objection of the parents. Troxell v Granville. You would be unwise to attempt this without being represented by counsel because it is very complex given the state of the law in Wa.

    See question 
  • If a couple did not have Prenuptial Agreement, are the savings brought before marriage be accounted as community property?

    Divorce

    Dave’s Answer

    Property acquired prior to marriage is consdered as separate property unless and until it is commingled with community property and then that property will have a dual characterization

    See question 
  • Do we need child's mothers permission?

    This coming weekend is my fiances weekend with his daughter. My fiance and his childs mother have a parenting plan together. My question is do we need her permission to take her to Spokane WA even if it's his weekend?

    Dave’s Answer

    NO, unless it is otherwise prohibited in the PP

    See question 
  • Temporary Parenting Plan

    My ex and I are going through a custody battle after he neglected to contact me for a year and hasnt seen his son. He recently tried putting in for a Temporary parenting plan and did not send me any of the paperwork. I plan on going in to find out...

    Dave’s Answer

    For any family law matter to be heard, he must serve you with the documents 12 days before the hearing and provide the court with working copies. If he failed to do this, ask the court fr continuance.

    See question 
  • If CPS overturned the finding of abuse and neglect of a child and ruled it unfounded can I appeal the dependency?

    in April of 2014 My daughter was taken into custody by CPS. They immediately filed a dependency case and on the date I had the Fact Finding hearing, my car broke down and my lawyer signed the dependency even after I told her several times that I w...

    Dave’s Answer

    Appeals must be done in the time frame prescribed by the rules -- if you fail to file within those time frames, you waive the right to appeal.

    See question 
  • Does the parenting plan enforce that a child attend a school in the Jurisdiction of the Joint Custody Parenting Plan?

    My ex-spouse moved to a different State which is outside the "jurisdiction" of my child. I currently maintain residence within the jurisdiction. I want to keep the child in within the 'jurisdiction' to attend school. Pick-up and drop-off of the c...

    Dave’s Answer

    He loses. If he moves away, he is bound by the exiting PP and would have to file a Petition to modify the same .

    See question