Lina Beckford's Answers

Objection to relocation of child

Relocation cases can be complicated and difficult, even for lawyers. The statute has a lot of moving parts and should be read carefully in order to get it right. You should definitely consult and attorney and read the statute. Your question leads me to ask the following: Did your ex give you notice 60 days prior to the date of the proposed relocation? If, not he may have a problem. The statute states that the court can impose sanctions including a finding of contempt for violating the...

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What are my next steps, and how long would this play out?

You did a good job looking up the law. The statutes you cited are right on point. It will help you establish that you are (a) The child's presumed father (26.26.116); (b) That you are also the acknowledged father. RCW 26.26.305 says If you signed an Affidavit of Paternity after your son was born and if that affidavit was filed with Vital Statistics you are the acknowledged father. 26.26.305(3), states that a presumed father can also be an acknowledged father; and (c) Any action to...

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Can a new spouse's income be included on my child support?

No, your new spouses income cannot be used as a basis for determining the amount of child support that you pay. The court is required to base child support on the income of the mother and the father, period. You are required to disclose the income of your spouse, but that income does not impact the amount of child support your are ordered to pay. The income of your spouse is generally only relevant when you are seeking to deviate (decrease or increase) child support from the standard...

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How do I remove an ex boyfriend from lease that has moved out but still on the lease??

This question is more landlord tenant-ish than family law-ish. I do not practice landlord tenant law so my answer is based on common sense and what I think might work. First I'd go to the landlord and ask them if there is any way that they could just remove him from the lease. It sounds as though you will be the one paying for the missing fire extinguisher and any unusual wear and tear on the apartment when you move out any way, so there is no benefit to you in having him remain on the...

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After trial over my daughter what do I do to change the out come

You need to consier filing an appeal. This is not something you should do without a lawyer. Just on the little information you provided, it sounds as though the judge's decision amounts to an abuse of discretion. If the GAL, CPS and the pyschologist all recommended that the child reside with you and even the judge commended you on your parenting of your other child, something seems off. Have an experienced attorney review the record and advise you as to how to proceed. Notices of Appeal...

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Can a non custodial parent get temperary custody based on accusations that the mother is unfit?

I asume that when you say you have primary custody that this means that you have a judge signed parenting plan or residential schedule. If you do, then the child's father will have a difficult time becoming the custodial parent. First, parenting plan modifications are disfavored. Court favor what is called custodial continuity. In order for the non-custodial parent to become the custodial parent they must establish that there is adequate cause to modify (change) the parenting arrangment....

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He's a deadbeat dad and our son doesn't even know of him. Can we have him revoke his rights? Can my husband adopt him? Thanks!

Take the path of least resistance . . . just ask him if he would be willing to give up his parental rights. Explain that your son needs and deserves a father figure in his life and that unfortunately due to distance and his current circumstances he is not fullfilling that role. Keep your approach mellow and open. Let the bio dad know that you have no interest in future support and that in fact, his obligation to pay support in the future will be terminated once the adoption is final. You...

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I have custody of my son do I need Dad's permission to move out of state?

You don't need the father's permission you need the court's permission. Under Washington's Relocation Act, if a custodial parent wishes to move s/he must give notice to the non-custodial parent and any other person legally entitled to residential time with the child. The notice must be in writing. The notice must contain information such as the location of the proposed move, the name and address of the school the child will be attending etc. The notice must be personally served (not by...

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How would i get a guy off my daughters birth certificate that i don't believe is the father?

You do not mention how old your child is or whether you were married to the man who is currently listed as her father on the the birth certificate. If your child is under two years old, there may be sufficient time left to challenge paternity. If Paternity is not challenged within the two years then the only way that paternity can be challenged according to rcw 26.26.335 is if you can establish faud, duress or material mistake of fact, among other things. 26.26.530 says that a proceeding...

Power of Attorney and taking a baby home from the hospital

I'm not so sure that the POA would give the hospital the authority to turn the child over to you. If the mother is an addict and the child is born with drugs in her system, CPS will be notified and they will probably take the child into foster care and start a dependency proceeding if there is no relative willing and suitable to care for the child. CPS tends not to get involved in these situations if there is aready an action filed in family court that places the child in a safe and...