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Nathan Kortokrax’s Answers

4 total

  • What are my options if the 90-day waiting period has passed, but my ex still has not filed several required documents?

    I filed for divorce in Whatcom County in February. My ex filed a response to my petition and her own proposed parenting plan. However, she did NOT file her child support worksheets (even though she stated in her response that mine were wrong), f...

    Nathan’s Answer

    If a response has been filed, you will need to take the next steps to move the case along (set a date for trial, settlement conference, etc.), based on the Whatcom County local court rules.

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  • My daughter is almost 8, never met "him", I need to do a step parent adoption without contact with him due to safety for my fam.

    His rights were relinquished in Ontario Canada, we are now in Washington, and has never seen my daughter. It was a very abusive relationship. My daughter sees my husband as her father, and we would love to make it official and legal. This would al...

    Nathan’s Answer

    If his rights have been "relinquished," then you should not have to contact the biological father, as he would have no legal rights as a parent. Your husband would be free to adopt your daughter pursuant to RCW 26.33. You will be required to obtain a post-placement home study before the adoption can be finalized.

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  • Is 4th degree assault always domestic violence with a partner or can you get it arguing etc. with someone you have never met?

    My ex husband is an alcoholic and I do not allow my daughter to spend the night at his house. One day he said that he had a party to go to so he did not take her. however, I looked at the WA Repository and it said that he was arrested for 4th de...

    Nathan’s Answer

    Per RCW 26.50.010, the following definitions may help answer your question: (1) "Domestic violence" means: (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member.

    (2) "Family or household members" means spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

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  • I filed a modification for post-secondary and my ex has responded with a deviation in his favor. Can he win?

    The right to petition for PSES was reserved in our degree. I filed a modification on my own for this as well as an adjustment for the other 4 children since it has been more than 3 years since the original decree was filed. We have joint custody (...

    Nathan’s Answer

    The chances of prevailing depends, based on the providing of some additional facts, including the financial situations of the parties, as well as whether your parenting plan actually provided for a 50/50 parenting plan, etc. Some counties go by the "law of the case," which means that what was previously ordered will continue to control the case, unless there are new facts that would warrant a change. It would certainly be in your best interest to at least speak with a Clark County family law attorney, as they would be able to gauge your situation much better.

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