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G. Geoffrey Gibbs
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G. Gibbs’s Answers

249 total


  • I have a decree saying my ex has to settle with me in 2017. I have lowered it once and am now being asked to do so again

    I lowered the amount so she could refi & remove my name, she didn't. shes now getting married & wants me to settle (asap) for roughly 11% of original agreement & 1/2 the equity when she sells ( which may be nothing). What can I do to protect myse...

    G.’s Answer

    Your question does not provide us enough information. The language of the Decree is very important to the answer. I strongly suggest you consult with an experienced family law attorney in your area.

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  • Can my ex boyfriend get the equity of my house?

    my ex boyfriend was my renter who rent a room of my house. he was paying $750 rent include utilities every month for last 7 years. my mortgage monthly bill is $1950. I have a rental agreement with him. after he moved in 1 year later, we engaged b...

    G.’s Answer

    The short answer is that he will not likely be successful. But he can claim that yours was a committed relationship and he can attempt to claim an equitable interest in the house. But if the house was purchased by you before he moved in and the relationship got solidified, it is presumptively your separate property. You would be well advised to consult with an experienced family law attorney in your area.

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  • Arbitration or file motion for contempt in WA ?

    The parenting plan requests dispute resolution (Arbitration ) be used before file a motion for contempt. My EX does not allow me to have a vacation with my kid without good cause, it is the intentional disobedience of a court order. Do I need go t...

    G.’s Answer

    Most parenting plans do not specify "arbitration" for dispute resolution (a process in which the arbitrator makes a decision) but rather require "mediation", a voluntary process in which a professional mediator tries to bring the parties to agreement but does not have any authority to issue orders. If you PP truly requires "arbitration" you probably need to consult with an attorney. If the Parenting Plan specifically provides that you have an amount of vacation time each year, then your "Ex" cannot impose a requirement for "good cause" where it does not exist in the Parenting Plan.

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  • I moved to washinot on nearly 2 years ago from california. I need to change my custody agreement is there a way I can file in wa

    My ex husband and I had a custody agreement staying that if either became unable to provide a safe healthy and stable enviroment full custody would go to the other parent and as part of agreement court would remain in cali but he broke the agreeme...

    G.’s Answer

    "Jurisdiction" will depend in large part on where the Father resides. If he has continued to reside in California, then despite the presence here in WA for almost 2 years, it is likely that CA courts will retain authority over this case under the "continuing and exclusive jurisdiction" rules under certain federal statutes (commonly referred to as UCCJEA and PKPA). If he has remained a CA resident since the divorce was finalized there, contact a CA attorney to discuss your options. If he has broken the chain of continuous residence in CA, then consult with a WA lawyer.

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  • How long does a TPP last in snohomish county before it gets dismissed?

    I have a TPP from July 2014 and am curious how long snohomish county will keep it open before dismissing it? I haven't gone back to court because Dad isn't doing anything he is suppose to do and has gone backwards getting into more legal trouble. ...

    G.’s Answer

    The Temporary Parenting Plan will last until the court issues a new order or the case is dismissed. Generally, the Clerk will bring a motion after approximately a year to dismiss the case if there has been no action. But that leaves you in a situation with no Parenting Plan in effect and the Dad will have presumably equal rights as a parent to visitation and time with the child without any restrictions. So you are probably best served by taking action to finalize the matter one way or another.

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  • What can I do to counter undeniable false statement/exhibit and perjury, after the hearing is done? Family law

    8 year long contentious family law case I am losing. have had an attorney but currently don't. opposition filed contempt, seeking jail time. Base jail time penalty on statement and exhibit showing list of unpaid sanctions, claim sanctions don't w...

    G.’s Answer

    The court should have advised you at the beginning of the hearing that you have the right to be considered for court-appointed defense counsel to assist you (since jail time was sought as a civil sanction). You also had the right to submit evidence in response to the allegations that presumably would have included documentation that only 10 judgments existed and 8 had been paid. If errors occurred, you will likely want to file a Motion for Reconsideration with the Commissioner or judge that presided over the hearing in order to get the full story in the record. Consulting with an attorney immediately might be a very wise course of action.

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  • I printed out the docket and it says consolidated by the cause #'s. One is for the parenting plan

    family law case , the other is stalking/harassment cause #. Is it typical to consolidate these and why would they? Should the parties of the cases be informed of this?

    G.’s Answer

    Cases are can be consolidated simply for a hearing or they can be consolidated under a single cause number. Putting them under one cause number only occurs with a court order so you can read the order and the minute entry of the hearing and likely determine why it occurred. However, sometimes the Court simply consolidates both cases for a single hearing because the parties and the facts are shared between both cases. This is generally left up to the Court Commissioner or Judge hearing the matter(s).

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  • 26 month marriage and retirement and child custody

    I was married to a woman for 26 months, she moved out with our daughter to be with another man, she has worked 2 jobs, 1 full time, 2nd 84 hours per month, I had our daughter for 75% of time due to this, we had mutual time. She then began to play ...

    G.’s Answer

    Your question may have left out a few facts that might help to frame an answer. When you state she moved out "with our daughter", it implies that perhaps you had been living together prior to marriage. If so, the marriage when combined with a period of co-habitation might be more than the 26 months you recite. You should consult with an attorney to discuss the specifics of your case. But, in general, "community property" of a marriage includes only the portion of the pension earned during the marriage (or marriage + cohabitation in some cases).

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  • Which state should I get a lawyer for parenting plans. Washington, or MD.

    Met son's mother in MD in the USAF. We lived together and son was born there. After a breakup I moved to TN and tried to get a parenting plan done here but lost because of no jurisdiction (nothing involving child happened here in TN) After I filed...

    G.’s Answer

    The question involves determining the "home state" of the child under two federal statutes, commonly referred to as the UCCJEA and PKPA. Part of the determination lies with where the child has lived for the last 6 months. If in Washington, it is likely that Washington may well exercise jurisdiction. If not 6 months, then it may well be MD. Consult an experienced family law attorney in the state in which the child has resided the last six months to discuss these issues.

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  • Will a judge enforce an order to kick me out of my house while I'm pregnant?

    While incarcerated I was served with divorce ppw. Nothing was signed by a judge except the order saying neither one of us could remove, destroy, sell property. My husband attended a hearing where the judge signed the order telling me to vacate the...

    G.’s Answer

    First, if you are pregnant, there is a legal presumption that your husband is the father and would owe a duty of support (at least when your child is born) and a case can be made that you may be entitled to spousal support (maintenance) even now. This might be particularly true if you are being asked/forced to move. Second, "contempt" is a civil remedy that does not usually include or apply to "property" issues. But given that your response to his motion needs to be in writing and filed (as well as served on your husband or his attorney) by 4:00 p.m. on Friday, June 26, you need legal help from an experienced attorney. Get a consultation set up right away. There are attorneys in Friday Harbor, Mt. Vernon or Everett who routinely handle cases in San Juan County.

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