Lauren Elizabeth Trent's Answers

16 year old daughter does not want to live with her dad.

Unfortunately, under Washington law there is is no age at which a child gets to "decide" whether to live with Mom or Dad. Once a child is mature enough (which could be 16, depending on the child), they can express a preference that a court would consider when crafting a parenting plan. This preference is by no means controlling, however. A court will still be guided by what is best for the child overall. If there is a dispute about what is best for the child, it is common for Guardians Ad Litem...

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In a legal separation can one of the parties assume all the debt?

To add to Mr. Browde's answer: A good separation agreement usually includes a "hold harmless" provision. This means that if one party takes on the debt in the agreement but does not pay, and a creditor comes after the other, the paying party can then collect from the spouse who should have paid it in the first place. You may also want to seek the advice of an attorney (or provide more information) to determine whether legal separation is the best course for you.

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In a Parenting Plan what is the definition of Scheduled Residential Time when it involves school & extra curricular activities?

Generally speaking, it does not mean that you need permission to attend activities during the other parent's residential time. It is possible that the language of your particular parenting plan could say something else. Especially if you and the other parent created the parenting plan by agreement. You should read it carefully and/or speak with an attorney to determine if this is the case. If there is a protection order/restraining order in place that restricts contact with the children...

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Do I need to have an attorney respresent me if I want to seek a parenting plan modification? If not, what is the process?

It is important that you seek the advice of an attorney in order to determine whether you should proceed with a modification case. This is because the law only allows for parenting plan modifications under certain circumstances, and it favors keeping the current schedule in place. If you pursue a modification and you don't have a basis in the law for doing so, you risk being ordered to pay the other party's attorneys fees. I would suggest meeting with an attorney to at least determine if you...

Can a family have mother involuntarily committed if she shows many signs of schizophrenia and has years of mental illness in WA?

The County Designated Mental Health Professional (CDMHP) in your county can explain to you what it takes to have someone involuntarily committed and even initiate the process if necessary. As an overview, the CDMHP will do an evaluation to determine if the person should be initially detained until further evaluations and hearings can be held. If you are in Snohomish County, this link has the contact information for the CDMHP. http://www1.co.snohomish.wa.us/Departments/Human_Services/...

Temporary Parenting Plan

Some parenting plans also include a provision that says that anytime you agree to deviate from the plan it does not mean that you agree to continue deviating from the plan in the future. In other words, you can agree to do something different from the plan but if either party changes their mind at any time, you go back to the parenting plan that was signed by the judge. If a plan contains this language, it just makes it extra clear that the original plan remains in force unless both parties...

Is there a law to determine how debts are divided during divorce. I live in Washington, a community property state.

Community property laws apply to both assets and debts. For debt purposes, debts incurred by either spouse during the marriage are generally considered the debt of both spouses. There are some exceptions, and you should speak to an attorney to determine if your debts will be treated as community debts. Most people end up agreeing to split community debts. One thing to clarify, however. If a divorce ends up in trial, the judge will decide how to divide both assets and debts among the parties....

My son is 15 and would like to hypenate his last name

It isn't as easy to change a child's name as it is an adult's. You can petition to change his name, but his father is entitled to proper notice first. Your son may also have to give permission due to his age. If the father appears at the court hearing and fights it, the court will look at a number of factors to determine if the name change is in the child's best interest. Your son's wishes would likely be one of those factors that the court would consider. If the father doesn't appear, or...