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Laurie Magan’s Answers

16 total


  • I have a curfew of 6pm to 6am and if I get parents permission would I be able to go spend the night at a friends house?

    I would be with adults supervision at all times as well

    Laurie’s Answer

    I am going to assume that you are speaking of a curfew imposed in a juvenile matter. If this is correct, then the answer to your question is "no." Your parents cannot exceed the boundaries of a court-imposed curfew. If the court says "Be home at 6pm," your parents can say that you have to be home at 5:00 but cannot let you stay out until 7pm. If you wish to spend the night at someone else's home, consult with either your juvenile probation counselor or your attorney. Doing otherwise could wind up costing you either a probation violation or a violation of conditions of release, depending on the current status of your case.

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  • Is there a way to see my fiancé in a way that's legally safe for everyone involved?

    I am 17 years old and my fiancé is 25. My parents originally gave me permission to marry him but after my dad and I had an argument in which my dad got out of hand and cps was called they took the permission away. Now they say I can have contact w...

    Laurie’s Answer

    The short answer to your question is "No."

    In order to be completely assured that no legal ramifications occur to your fiancee, you should terminate contact with him until you turn 18. Your parents could have him arrested for a crime known as Communication With a Minor for Immoral Purposes, and if he's convicted of that crime he would have to register as a sex offender. They could also file a Protective Order, which would prohibit him from having contact with you for one, two, or five years if the judge agrees with them. I have seen this happen many times.

    (Remember, if you are really the girl for him, he will wait!)

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  • How should I begin the whole parenting plan process, when I'll be requesting supervised visitation?

    I won't go over my reasons here, but I have many concerns so I would like to request supervised visitation to my ex. I also know FOR A FACT that we will not agree on any set parenting plan. Do we NEED a parenting plan, even though we cannot agree ...

    Laurie’s Answer

    You indicate that you are dealing with an "ex," here, so if this is not someone to whom you are married you need to file the appropriate paperwork to establish a Parenting Plan and Child Support. The Washington Law Help website has several information packets that contain the forms you will need and instructions for how to fill them out, how to serve and file service, etc. www.washingtonlawhelp.org. But the other issues that you mention here hint that you might need some legal help along the way. If there are reasons to believe that the Court should limit your ex to supervised visitation, you will most likely need to have a Guardian ad Litem appointed in order to investigate both households and make a report to the court regarding the best interests of the child. Additionally, many courts have Local Rules which limit the number of pages of Declarations and supporting materials you can file, and you will want to have someone help you along the way to make sure that you present your information in a manner that will make the most sense and be the most helpful to the Court.

    You should definitely try to book some time to sit down with an attorney, at least to get you started in the right direction. Booking time with an attorney to have your questions answered now will save you a great deal of frustration in the future.

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  • I did not sign the final parenting plan, is it valid? can other parent get away with not letting me pick up child?

    i did not sign the final parenting plan because i did not agree with it. but now im concerned that my child's father can do whatever he wants now, im not sure if it is valid or not? can he get away with not letting me have her for my visit? this i...

    Laurie’s Answer

    You do not indicate whether the judge signed and entered the Order. If the Order was signed by the judge and entered with the court, it is a valid Order. Your child's father cannot deny you the visitation set forth in that Order and would be in contempt of court to do so. (Some courts, however, will require that the parties go to mediation to straighten out the disagreement and arrange for make-up time prior to filing a contempt action of this nature. You will want to consult with an attorney who practices in the jurisdiction where your Order was entered to follow up on that aspect of the case.)

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  • Can a newspaper legally put a minors name in there newspaper article and without a parents consent?

    My minor daughter was involved in a roll over car accident last year in Montana with her father lives. The county decided to press charges and the newspaper where her father lives in Montana ran an article yesterday and named my daughters name in...

    Laurie’s Answer

    Unfortunately, the media is not prevented from publishing the names of minors for any purpose. Many media outlets make it a policy NOT to publish the names (or other identifying information) for minors, but there is no law that would require them to do so.

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  • What portion is he responsible for under "extraordinary healthcare expenses" Washington state

    Here is the court order verbatim " Unless specifically ordered otherwise, the person receiving support is responsible for ordinary healthcare expenses of the children. However both parents have an obligation to pay their share of extraordinary hea...

    Laurie’s Answer

    "Extraordinary healthcare expenses mean those monthly expenses that exceed 5% of the basic support obligation."

    If you have a monthly healthcare expense (prescription, monthly doctor visit, monthly labsetc.), that exceeds 5% of the basic support obligation, you split that entire expense according to the figures used in your support calculation. In our example, if the $100 is a MONTHLY expense, the Petitioner would be responsible for $34.00 and the Respondent would be responsible for $66.00. But, be certain that this is a monthly expense, under the language you've quoted.

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  • Class c felony rape of a child 3rd degree 10 duty to register eligible for relief after the time has passed

    Convicted in 2001, released from incarceration in 2003, probation, treatment, mental health counseling, no felonies since release or conviction - rape of a child in 3rd degree. . .are they eligible for relief to register when time is up and what i...

    Laurie’s Answer

    It appears from the information you have listed that the ten year waiting period has passed. You will need to follow the procedures listed in RCW 9A.44.124, paying special attention to section 5. That section lists the exceptions under which you may not be permitted to petition for relief. You will be required to show that you are "sufficiently rehabilitated," and that the court should life the requirement of registration. Section 4 of the statute says that the court may life the requirement ONLY if you show that you have been rehabilitated. This may mean that you have to get a new assessment and evaluation from a qualified mental health professional to determine your current mental state. You will also need to consult Section 4 of the statute to see what other information you'll need to provide to the court with your Petition.

    I have seen defendants do this on their own successfully, but sitting down with a lawyer to ask questions is never a bad idea. Book 30-60 minutes with an attorney to make sure that you get all of your questions answered and have your paperwork in order. The money you spend to talk to an attorney up front will save you a great deal of stress and delay in this process.

    Good luck!

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  • Can a 28 year old male engage in sexual activity with a 17 year old female in Washington State?

    Hello, I recently started seeing this female for over a month, and to my surprise she had told me that she was 17 years of age about 3 weeks into me knowing her. By then, I had grown some affection towards her and now I am curious if it is complet...

    Laurie’s Answer

    First, please do NOT post any more information about your case here, as this is a public forum. Protect yourself from any potential charges by keeping the rest of your information private.

    Now, although the young woman you speak of may legally be of age to consent, if there are parents (or friends, or teachers, etc.) who take a dislike to you and decide that they want to "get you," you could be facing a charge of "Communication With A Minor for Immoral Purposes." It doesn't mean that you'd be charged with sexual intercourse with the young lady, but rather that you had "communication" with her for the purpose of committing a sexual act. I have seen this charged in situations just like yours when statutory rape is out of the question due to the age of the "victim." It's a misdemeanor charge (maximum 364 days jail and $5,000 fine), but it carries the requirement that you register as a sex offender. That is NOT something that you want to expose yourself to!

    Your best bet is to avoid sexual contact with anyone under the age of 18. If you were sitting in my office, I would give you the "come to Jesus" talk and tell you to that you have no business dating anyone so young.

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  • When someone has to register as SO3 for 10yrs does time stop if incarcerated

    convicted as a juvenile out at 18 has to register for 10 years. 5 yrs has gone by. Going to prison possibly 5 yrs. Non sex crime. Will the 10 yrs be over or is it on hold while incarcerated.

    Laurie’s Answer

    In order to have the court relieve you of the obligation to register, you must meet certain statutory requirements. One of these is that you have demonstrated a period of good behavior. Commission of a crime--even if it's not another sexual offense--and additional prison time will extend this time period, and will make it much more difficult for you to have the registration requirement lifted in the future.

    You should consult with an attorney in your area regarding the specifics of your case. Many attorneys offer a free consultation and can give you some concrete direction on your questions.

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  • I was 18yr living with a 17yr old , I admitted to having sexual relations. I got charged with sexual misconduct. We were Grad

    My girlfriend had slept with a 25yr old informant at 16yrs, a investigation caused the Investigators in Linn County to come to our apt. When the officer asked about sex with her, I said yes. We live together, and she is my girlfriend. The underc...

    Laurie’s Answer

    You definitely want to speak with an attorney experienced in vacating convictions and restoring your record and your rights. You'll need to discuss the specific charge that you dealt with twenty years ago, as well as what your life has been like since then. There are specific statutory requirements regarding vacating convictions, and an attorney can help you through the process.

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