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Josephine C Townsend's Answers
- 80 Legal Answers
- 2 Legal Guides
3
Attorney answers:
WA state child custody and visitation laws, at what age can child decide to live with certain parent
Generally speaking, the son has to go, unless there is a third party (counselor, therapist etc) that has filed a report for the court that it would be extremely harmful to the child's emotional or physical well being to continue with the visitation. Courts DO NOT like to lessen visitation and I have had judges hold parents in contempt for not making the children go. Courts believe that both parents should share a relationship, and the difference in parenting styles, including strict rules,...
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3
Attorney answers:
WA state child custody and visitation laws, at what age can child decide to live with certain parent
generally no. The court beleives that a relationship with both parents is in the children's best interests. Differences in parenting styles are common. If there is actual detriment to the child (harm to physical, mental well being) and it is documented through third parties (ie not you), but through counselors etc. then sometimes you can get a minor modification but they are difficult unless you have the proper documentation to back up your claim.
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2
Attorney answers:
At what age can a child decide which parent to live with in Washington state?
The child does not get to make the decision. So they have no decision until age 18. The court decides. Sometimes, depending on the judge, you can get the court to interview the child and take their desire into consideration, but generally, the court decides what the parenting arrangement shall be, not the child.
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1
Attorney answers:
Procedure for filing a restraining order in WA state
You would go to the courthouse, bottom floor and speak to the clerk. They wll help you fill out the application for a temporary restraining order. You will have to return after 1:30 to see if the order was granted. Then the other person has to be served and a full hearing is held within `10 days. If the court finds reason to believe that the other party is a threat, then you will get a protection order.
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2
Attorney answers:
Child custody and support, temporary custody, procedures in WA state to seek full custody of child
Everything in family court is done in writing, not generally by speaking to the judge at your court hearing. I would write out a declaration, indicating what has happened and what you want the court do to. Be specific. If you have receipts for items that need to be paid, submit copies to the court with a cover sheet. (ask at the clerk's office or law library for a sample). If you are asking for dad to pay his portion of a cost, take out the parenting plan and child support order that was...
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1
Attorney answers:
Violation of a DV protection order?
You need to document that your child has a phone that he can call. You can request a clarifying order. You want the court to clarify with him that the telephone contact is to be through the child's cell phone only and that dad has to pay for that service.
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1
Attorney answers:
Filing a modification of parenting plan. What are the steps in the process?
Unless you are asking for more than 24 overnights difference in parenting time, it would be minor. You still need to have an adequate cause hearing. First step after service is to have an adequate cause hearing. You have to show that a substantial change of circumstances has occurred which would authorize the court to change the plan. If the court agrees, then you apply for temporary orders.
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2
Attorney answers:
Can the non-custodial parent claim child on tax return
What does the child support order say? If neither the decree, nor the child support order indicate the exemptions, then you would need to go back to court to clarify the order, unless the parties agree.
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4
Attorney answers:
How does deferred prosecution work for DUI charge
A deferred prosecution is a five year probation which requires you to abstain from any alcohol, have SR 22 insurance and ignition interlock. They can only be used once in a lifetime, and unless you are a substance abuser, or substance dependent, you are not eligible for it. After january 1, you can still drive, no matter what kind of DUI you have, with what is called an ignition interlock license. The fee is $100, plus the cost of ignition interlock and SR22 Insurance.
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2
Attorney answers:
How to get my childs father to give parental rights to my husband.
Changing her name can be done without her being adopted by filing a change of name in District court. You will have to give her biological father notice of the proposed change. You state that he is not on the birth certificate, but if he is paying child support, it is very likely that the birth certificate registration records have been changed to show his name. The only way to show that a person has to pay child support is through the establishment of parentage. You might want to view the...
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