Nancy Nellor Retsinas's Answers

Minor caught shoplifting what punishments can be considered under WA criminal law

It appears you are living in Vancouver, Clark County, Washington. The most important thing for you to do is to chat with an attorney who is experienced in criminal law and who is familiar with local practice and the prosecutors of the area in which you live. I recommend you speak with Chris Ramsay, an excellent criminal law attorney in Clark County. Here is the link to his website: http://www.cdr-crimdeflaw.com/1.html He can be reached at 360 694 1097. Your son will not go to jail for 365...

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Sex offender living with a minor

Yes. There is a rebuttable presumption under Washington law that a parent who has been convicted of certain sex offenses (or who resides with a person who has been convicted of certain sex offenses) places a child at risk of abuse or harm when that parent (or other person) exercises residential time with the child. Unless the parent rebuts the presumption, the court shall restrain the parent (or other person) from contact with the child. The court could restrain contact completely, and...

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Child custody- i am the primary custodial parent.can my ex wife get full custody?she doesnt work along with other issues she has

Hello: Under Washington law, your son's mother would have to prove that a "substantial change of circumstances" in your life or your son's life had occurred that would necessitate a change in custody, AND she would then have to prove that a change in custody would not "detrimentally affect" your son. This is heavy burden to overcome - and for good reason. The courts want to promote stability of its parenting plan orders so that parents and children alike can rely upon them. Only when...

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Alimony from ex when work status changes

In Washington, spousal maintenance (alimony) is based upon need and ability to pay. I can't quite tell from your answer, but will assume you are already divorced and there is an order requiring your former spouse to pay you maintenance. At the time of the divorce, it sounds as if your husband had the ability to pay, and you had the need for, spousal maintenance. Thus, the spousal maintenance award you mention. If your former spouse's situation has changed he may be able to petition the...

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Is this contempt of court?

You need to inform your children's father of your itinerary a reasonable time before you leave, not after the 48 hours has elapsed. I have seen judicial officers interpret "destination" to mean actual address, absent very clear facts that your children's father will pose a threat to the children if he knows the address of where you are going. Now, if you are going to be traveling from place to place, the judicial officer will generally not require you to give every address for where you are...

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Taking Ex to court

Your question is a little vague so I can only speculate about the thing your ex is not paying for. If you obtained a judgment against your spouse, you can collect that judgment through garnishment of his wages or other methods of collection. It probably won't do you any good to pull him into court to explain to the judge why he's not paying it - the judge will likely tell you to go collect the judgment through other legal means. If he was ordered to pay a particular debt or liability that...

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Moving out of state

Under Washington law you must provide notice of your intended relocation with the children at least 60 days prior to the date you want to move. Your former spouse has a right to file an objection to your intended relocation within 30 days of receiving your notice. If he files an objection, then you bring the matter before a judge who will decide if your request to move will be granted. The fact that he does not visit with the children and has not provided financial support for them are factors...

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Grandparents rights

Elizabeth Powell's answer is spot on - the key in this situation is to develop a decent relationship with your former daughter-in-law in the hopes of creating a good level of trust so that she will grant you greater access to your grandchildren. If your son's relationship with his former wife is strained that may also be effecting your ability to maintain a relationship with your grandchildren through their mother, so working with your son to help him develop a better post-divorce relationship...

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What is reasonible telephone contact with children with other parent?

The local family law courts grapple with these kinds of things a lot. I have had judicial officers say that a parent has a right to take a child's cell phone away as discipline if that parent feels the need to do so. This is obviously the wrong ruling, and does not take into consideration the fact that their dad is trying to limit your exposure to them while in his case, but nonetheless its what is happening in some local courts. I have also had judicial officers severely limit the father's...

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Do I have to give a make up visit because ex was uanble to take our children when he was scheduled to?

What does your court order say? If there is no court order, then whatever visitation arrangements you two make are between you two and no contempt is possible. If there is a court order that specifically provides for make-up time, then you need to provide it. If your court order is silent, then there is no legal obligation for you to provide make-up time, especially in this situation.

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