Sally A. Lanham's Answers

Does WA state recognize common law marriage, WA cohabitation, meretricious relationship

No....... That being said, the courts have been developing a body of law revolving around Meretricious Relationships. If a couple acts like a couple they might be considered in a relationship that should be divided in the same manner as a marital couple. Without more information it is hard to answer the question more fully. I have done a short piece on this subject. I have added the link below.

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WA state child custody laws, appealing child protective services report

I would say that you are in the classic "Rock and Hard Place" situation. Having CPS say the case is unfounded is a good thing. In my experience, it takes a lot to have them get involved in the first place. The fact that you are already almost done is even better. I would suggest that you go and finish the process so that if there is someone out there making these referals, you can show that you completed the process and came out of the process with only clean and favorable results.

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Examples of parenting plan for high conflict case

I run into this all the time. I always suggest that my clients go to Amazon and buy two sets of books. Keep and read one, and send the other one to the other parent. The two books are “The Good Divorce” and “Joint Custody with a Jerk”. The first book was recommended to me by a child Psychiatrist and the other was the basis for a high conflict parenting course. Both books have a myriad of suggestions on how to deal with difficult people. The second thing I set up for my clients is what we...

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Is washington a community property state?

Washington is one of nine community property states in the country. As such, all gains and losses of a couple are considered part of the “community”. Once a community is established, the community estate begins to build. The difficult issue becomes “when” the community estate begins. If a couple lives together for a significant period of time prior to marriage, some of the assets may be considered also. Often times they are deemed to have established a meretricious relationship and the...

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I want to change my name after marriage but need to keep my maiden name for work. Can I legally use two different names?

Well....... people use lots of different names at different times in their lives. The problem arise up when your name with Social Security is not consistant with things like payroll and income taxes and with your passport. When you change your name you have to start with Social Security, then driver's licencs, passport, bank, health insurance and with the IRS etc. They are asking more and more for ID and the least amount of confusion the better. This issue can become a real problem with...

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In wa can the mother of my child take them out of state without my or the courts permission?

The first question would be: What does the parenting plan say? If there is no parenting plan, either parent can take the child anywhere. Even with a parenting plan, if the parties relocate outside of the child's school district, the primary parent most offen is allowed to move. There are a number of factors on the table at any given time but the courts. Either parent has the right to seek immediate court relief to stop a move on a temporary basis. Depending on the county, most parties...

In Wa state if your filing for custody. You live in a different county than the child. Where do you file for custody?

There are three choises. He can file where he lives, where the first plan was filed or where you live. If he files other than in Spokane County, you can for a change of venue. The court is usually good at making it easier on you and the child.

Step parent adoption when bio parent has had no contact and abused the child?

One thing I have learned over the years is that the courts are fickle and no one can tell you for certa8h what is going to be the end result. Judges have lots of power but you seem to have some very compelling arguments on your side of the ledger. Adoption is a thing of statute. There are rules and procedures and must be followed with strict adherence. Your son is not free to be adopted until such time as his biological father’s rights are terminated. You must file a petition that includes...

What is the procedure for petitioning for guardianship of minor foster child in WA state

Your role would be not much more than your foster care role. You would have the right to care for him as a parent without the oversite of the state. The support your are given should continue but I don't have enought information here to answer that question. Good Luck.

WA state divorce law, division of personal and real property, communtiy property and separate propert

As long as there are no temporary orders or restraining orders and no violence during the process, you are free to return to your home. Please know that if the current resident objects to items being removed and asks you to leave or even goes as far as calling the police, they won't be of much help. It would be best to seek the assistance of an attorney and file the appropriate papers and have the whole matter handled. Good Luck.