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Paul Lanan Battan's Answers
Contributor Level 8
- 20 Legal Answers
- 4 Legal Guides
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3
Attorney answers:
What is a reasonable long distance parenting plan?
The simplest answer is that the court ordered parenting plan controls the situation. Both parents are obligated to follow it unless and until it is changed. If your ex-wife wants to change it, she is obligated to ask that you go to mediation with her to discuss it before filing a modification case in court - and you are obligated to go. Of course, you could request mediation, too. I have attached link to the Thurston Country Dispute Resolution Center. They do an excellent job mediating...
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2
Attorney answers:
Is it possible to be legally separated but live under the same roof?
When a petition for dissolution of marriage (divorce) is filed, it is concluded by entry of a decree of dissolution of marriage. When a petition for legal separation is filed, it is concluded by entry of a decree of legal separation. I assume this is what you mean when you say "legally separated." Either kind of decree will divide and distribute all marital property and debt. After either type of decree is entered, property that remains jointly owned is not jointly owed as marital property....
3 lawyers agreed with this answer
2
Attorney answers:
How many days notice do I give the other party letting them know the trial date for family court?
In the Thurston County Family and Juvenile Court, court administration sets the trial date and gives notice to all parties. Normally, this is done immediately after a settlement conference, in person, but it might be sent out by mail. If you have received notice of a trial setting but have some reason to believe that another party does not have notice (for example, that party has moved and would not have received a written notice) you should contact Bev or Shanna at Court Administration at...
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2
Attorney answers:
Temp orders
Yes. You must always promptly provide copies of anything you intend to present to the court, or that you file with the court, to the other party, or his or her attorney. This is always the case.
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1
Attorney answers:
Can i adopt my girlfriends daughter
Adoption is a two step process. However, those steps usually occur very close together in time. First, the parent child relationship of the child and her father must be terminated - by agreement or by a contested hearing. So that is something to consider. Can you get the father's consent to adoption? Second, an parenting investigator and the court must believe it is in the child's best interests for you to assume permanant parenting responsibility for her. They are not likely to believe...
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3
Attorney answers:
When I go to trial for modification of parenting plan pro se litigent do I use the same declaration
When you go to trial, the evidence you give will be, primarily, your testimony. That testimony may be the same as your statements in your declaration that established probable cause. But you will need to present your evidence by your oral testimony under oath, not by your declaration.
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1
Attorney answers:
Single parent never married to childs father need passport for chils 14yrs old for vacation
It is possibe to obtain a passport for your child in these circumstances but the requirements are quite specific. Please consult the website below for explanation of your options.
1 lawyer agreed with this answer
2
Attorney answers:
Kicked Out Of House, Has My Name On All 4 Vehicles and My Name on House Insurance?
You indicate that you have an attorney so my advice to you is to share this information, and these questions, with your attorney, and to trust his or her advice.
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2
Attorney answers:
Divorce w/ children
If your friend's child was born before the marriage, her husband would need to establish "non-parental custody" of the child, in an action separate from the divorce, in order to obtain custody. That action must name both of the legal parents of the child. Her husband would not succeed in obtaining custody unless both of the legal parents were unfit or absent. If the child was born during the marriage, her husband is presumed to be the legal father and could seek custody - unless someone...
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1
Attorney answers:
I already have parental custodianship\physical custodianship of my grandchild.
What your husband's employer, or insurance company, is probably looking for is an order establishing nonparental custody. Sometimes this is called third party custody. If neither parent is a fit parent, or are absent, or if they agree to it, a court can grant nonparental custody to another person. That person then has the authority and responsibility to make parental decisions and care for the child. Because this child is "a dependent" the custodians' health insurance will normally extend...
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