Michael William Bugni's Answers

When and how do i file child abandonment in WA state, child abandonment law in WA state, WA DSHS

There is no formal doctrine of "child abandonment" in Washington and nothing to file that would create such a status. If you mean, "will the court terminate the biological father's rights and allow the stepfather to adopt?" the answer is, "maybe." It isn't a matter of years. It's a matter of serving the biological father with a motion to terminate his parental rights as part of the stepfather's petition to adopt. If the bio father consents, or is defaulted (for example, due to his failure...

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Does WA state recognize common law marriage

For over 100 years the answer was always "no" but today the answer is "sort of." If the couple has lived in a "marriage-like" relationship for a period of years, then assets acquired during that time can be divided by the court, regardless of title or ownership being in only one name. But things like spousal maintenance, or making one side assist with the other side's attorneys fees are not available. Nor can the court award pre-"marriage" property to the other party (as an happen in a...

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Grandparents' rights to custody visitation to grandchildren under WA state law

Please contact your state legislator about this problem. Washington State is in "mission critical breakdown" on the issue of "third party visitation rights." We used to have one of the most liberal laws in the country. That doesn't mean it was subject to abuse, but the higher courts seem to feel if might be subject to abuse (that is, too much interference with the rights of parents to raise their children) so they struck down the law. No new law has been passed to replace it, even though...

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In a divorce or separation, how are unvested stock options handled?

Stock awards which vest in the future are designed to keep you at the company and reward your future efforts. After the separation date, your labor (and wages) are your separate (not community) property. The unvested options (with one exception) are therefore your separate property. The exception has to do with the shares that vest on November 15. Those are community (prorated from the grant date to the separation date).

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Need a lawyer that specializes in family law in Western Washington

I recommend attorney Wayne Pellegrini in Marysville (360-658-6580). His e-mail is Wayne@ThirdStreetLaw.com

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Under WA state law do grandparents have right to visitiation with grandchildren

Please contact your state legislator about this problem. Washington State is in "mission critical breakdown" on the issue of "third party visitation rights." We used to have one of the most liberal laws in the country. That doesn't mean it was subject to abuse, but the higher courts seem to feel if might be subject to abuse (that is, too much interference with the rights of parents to raise their children) so they struck down the law. No new law has been passed to replace it, even though many...

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Ex wife is trying to collect back child support when we still lived together & were still married

You should request a hearing with DSHS. If you can prove to the hearing examiner that you paid or more-than-paid the support by providing the equivalent in living expenses for your children, the hearing examiner has the authority to rule that you are current in your obligation.

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Can a parent get a refund for an overpayment of child support

You should be able to get a refund by filing a motion in the Family Law Department. If the Mother is not able to pay you back, then the Court should structure the refund by reducing the amount of your future payments. You still have to pay something, because your son has immediate ongoing needs, but a reduced monthly payment would eventually help you recover the $5,250 overpayment.

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Divorce mediation

The greater the conflict, the higher the skill-level required to make divorce mediation succeed. In a high-conflict divorce, the mediator will rely heavily on the skills of the legal counsel for each side. It is asking too much of a mediator to engage soley with unrepresented parties in matters where the emotions and/or the stakes are high. The parties, the lawyers and the mediators each have a distinct role to play.

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Under WA state divorce laws when is an spouse entitled to spousal support maintenance

You should hire an attorney. In itself, this may not change your wife's unreasonable demand. She should hire counsel as well and the two lawyers will likely be able to come to a reasonable compromise (she is much more likely to take the advice of her own attorney). Sometimes the two attorneys will agree on a fresh (neutral) mediator. Only after all efforts at mediation have failed should the case proceed to a judge. It is very unlikely that a judge would adopt your wife's position. The...

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