Rose Marie Eberhart’s Answers

Rose Marie Eberhart

University Place Child Custody Lawyer.

Contributor Level 6
  1. I have a son from a previous marriage and have remarried. Can my current husband gain Third Party Custody?

    Answered over 1 year ago.

    1. Rose Marie Eberhart
    2. Joshua A Pops
    3. Dave Hawkins
    3 lawyer answers

    If you die before the child turns 18, your husband can file a 3rd party custody. But he would have to prove the biological father is unfit. That is assuming that biological father will even want the responsibility of raising the child. If this is something that keeps you up at night, start a fund now for paying the legal costs, and keep a journal about the things that make you concerned about the biological father. Keep in a place your son can't access and never talk to your son about it.

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  2. I work in a Medical Office in WA State. A parent brings in a parenting plan. Do we legally have to abide by it?

    Answered almost 2 years ago.

    1. Rose Marie Eberhart
    2. Dave Hawkins
    3. Jared N Hawkins
    4. Bruce Clement
    4 lawyer answers

    Under RCW 26.10.150 Both parents have access to the child's records unless the court order states otherwise. Just because one parent has sole decision making, does not mean the other parent can't have access to the records. The parenting plan needs to clear say the Father can't have the records before you ignore the law.

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  3. At what age can a child in the state of WA, request to live with the other parent?

    Answered almost 2 years ago.

    1. Rose Marie Eberhart
    2. Bruce Clement
    3. Dave Hawkins
    3 lawyer answers

    18. That is the age that the child can request to live with a specific parent. Though the court, through a Guardian ad Litem, will often consider a child's wishes at a younger age. Your son needs to act to protect his children now. He needs to be careful about recording. If he records the other party without permission, or their knowledge, in Washington he is committing a crime.

    2 lawyers agreed with this answer

  4. How do I prepare for a modify no contact hearing in pierce county wa

    Answered almost 2 years ago.

    1. Bruce Clement
    2. Rose Marie Eberhart
    3. Dave Hawkins
    3 lawyer answers

    Getting these modified depends a lot on how you present yourself, and what the events were. You might consider hiring an attorney to represent you at the hearing. Judges are more willing to believe that you are modifying the order because you want it modified, not because your being pressured to modify it, if you are represented. If you cannot afford to hired an attorney to help you on that day, I would suggest also mentioning that you do have a constitutional right to associate with people,...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. What forms do I need or how do I go about requesting my mother be mentally evaluated?

    Answered over 1 year ago.

    1. Dave Hawkins
    2. Rose Marie Eberhart
    2 lawyer answers

    I am guessing that this is 3rd party custody case. If so, your focusing on the wrong thing. Third party custody is about your fitness to be a parent. They have to prove your unfit. If you can show that you are fit to be a parent, they lose. Simple as that. Look at what they are asserting make you unfit, and either show why it isn't true, or do the work to fix the problem.

    1 lawyer agreed with this answer

  6. Can you file a new parenting plan/ child support modification, when there was one signed in may 2013?

    Answered almost 2 years ago.

    1. Rose Marie Eberhart
    2. Bruce Clement
    3. Dave Hawkins
    3 lawyer answers

    Talk to an appeals attorney asap if you want to do an appeal. You only have 30days to appeal the decision. No you cannot file a new modification, unless something drastic happened after the parenting plan was signed. Read RCW 26.09.260 very carefully, that way you know what the court would be looking at in the future. If your going to do an appeal, hire an experienced family law appeals attorney.

    1 lawyer agreed with this answer

  7. My sisters son has been placed with his dad going on 9 months. How does she go about getting him back if there is no custody?

    Answered almost 2 years ago.

    1. Frank L. LaBare
    2. Rose Marie Eberhart
    3. Dave Hawkins
    3 lawyer answers

    I don't think your getting the whole story. The father has no ability to close a CPS case. Only CPS can do that. There really is not enough information here to tell you what path she needs to take. Was there a dependency filed? If yes, she needs to work with that attorney, then get a referral from the dependency court over to do a parenting plan. If there isn't a dependency, then she just needs to file a parenting plan. She needs to be ready and willing to prove that she is no longer a...

    1 lawyer agreed with this answer

  8. What happens in a child custody case when the respondent fails to follow the case schedule?

    Answered almost 2 years ago.

    1. Rose Marie Eberhart
    2. Dave Hawkins
    2 lawyer answers

    Be prepared to present your case. Object to any witnesses the other side wants to present, but do not argue with the judge. If the other side has ignored the case schedule, there is a chance the other side will not show. If the respondent doesn't show, then you need to testify why what you want is in the child's best interest. When the Judge asks you questions, listen closely and answer what was asked.

    1 person marked this answer as helpful

  9. Few questions regarding Pierce County Superior Court Rules. I am the petitioner and acting pro-se.

    Answered almost 3 years ago.

    1. Rose Marie Eberhart
    1 lawyer answer

    Contempt must be personally served, even cross contempt. Local Court rules require 14 days notice for commissioner hearing, though that maybe changing and along with other deadlines mentioned here. You can find the local rules on the Pierce County Superior Court Web page. I do a lot of Contempt defense work in Pierce County. Since you are not represented, the hearing should be continued to give you a chance to be screened for an assigned counsel. As jail is a possible remedy that could be...

    1 person marked this answer as helpful

  10. How do i enforce a parenting plan

    Answered over 1 year ago.

    1. Dave Hawkins
    2. Rose Marie Eberhart
    3. Bruce Clement
    3 lawyer answers

    To get the child back sooner, if your parenting plan is clear where the child is suppose to be at this point, you could also file a police report about custodial interference. But that may escalate his behavior.