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Bruce Clement

Bruce Clement’s Answers

6,396 total


  • In WA State for a Judge to label you vexatious what is the proper legal way to do this? Is there supposed to

    be a hearing in which one gets the chance to defend themselves or can a Judge just write an order and email it to parties saying you are vexatious because of this, this and this?

    Bruce’s Answer

    "Vexatious" is not a legal term of art; it's just an adjective indicating that something or someone is annoying. If the judge used this word to describe you, you must have appeared somewhat irritating to the judge. My AVVO Legal Guides on family law may provide more information which is relevant to your inquiry. Go to my AVVO home page. Scroll down and click on “Legal Guides”; then select those Legal Guides which are relevant to your situation. Please mark what you like as “helpful”. Thanks for your support. © Bruce Clement

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  • How long does it take for a clerk to be able to see a judges decision?

    My third party custody case was closed in 2014 I never knew about it until 2015 my father tried to reopen it and the judge had a without oral argument hearing on Sept 23,2015. she got my response but how long will it take for the clerks office to ...

    Bruce’s Answer

    There is no specified time limit for a judge to render a decision. If it was your third party custody case, then you were a party to the motion to vacate the old order dismissing the case. As a party, you should be sent a copy of the court's decision. My AVVO Legal Guides on third party custody and vacating court orders may provide more information which is relevant to your inquiry. Go to my AVVO home page. Scroll down and click on “Legal Guides”; then select those Legal Guides which are relevant to your situation. Please mark what you like as “helpful”. Thanks for your support. © Bruce Clement

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  • Can a person claim paternity and visits after a child is adopted by the stepfather? the father is not on the birth certificate.

    the biological father abandoned the children when they were 7 mo old. the father is not on the birth certificate and is not supporting the children financially , after he left the country he has never returned, the children are about to be 4 yo. m...

    Bruce’s Answer

    If your fiance successfully adopts your children, the bio dad's rights will be terminated. He will then have no duties (like child support) or rights (like visitation). My AVVO Legal Guides on adoption may provide more information which is relevant to your inquiry. Go to my AVVO home page. Scroll down and click on “Legal Guides”; then select those Legal Guides which are relevant to your situation. Please mark what you like as “helpful”. Thanks for your support. © Bruce Clement

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  • If my stepson was kicked out of his home by his father can my wife become the primary custodial parent?

    My stepson and his father were involved in a domestic dispute. My stepson was arrested and held by dept of juvenile justice. When we went to get my stepdaughter for the weekend the father packed all of his clothes and sent them along with his da...

    Bruce’s Answer

    I assume from what you said that the bio dad has a court order giving him custody. If so, he retains legal custody until a court order changes custody to your wife. She should consult with an experienced family law attorney about filing a petition to modify the existing parenting plan. My AVVO Legal Guides on modification of a parenting plan may provide more information which is relevant to your inquiry. Go to my AVVO home page. Scroll down and click on “Legal Guides”; then select those Legal Guides which are relevant to your situation. Please mark what you like as “helpful”. Thanks for your support. © Bruce Clement

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  • I am the Father of my 3 year old son out of wedlock. My name is on the Birth Certificate as the father. Do I have parental right

    We live in same house but is owned by my sons mother. I want to make sure if she told me to leave I would have rights to my son...

    Bruce’s Answer

    If you and the mom executed a paternity affidavit (not the birth certificate) at the time of birth, you are a "presumed parent" and have legal rights to custody or visitation. Otherwise you have to file a parentage case and prove paternity with a dna test. My AVVO Legal Guides on paternity and parenting plans may provide more information which is relevant to your inquiry. Go to my AVVO home page. Scroll down and click on “Legal Guides”; then select those Legal Guides which are relevant to your situation. Please mark what you like as “helpful”. Thanks for your support. © Bruce Clement

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  • We are taking voluntary custody of a niece that is being born in October (at birth) then traveling to Washington state.

    We are considering adopting our soon to be born niece or nephew at the request of my sister in law, we live in Washington state and she lives in Utah, what do we need to do to be able to bring the baby back here.?there isn't enough time for a home...

    Bruce’s Answer

    You need to re-post this question on the adoption forum.

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  • I got divorced and we are selling our home.

    My husband will get the tax write off next year as I left and he was able to reside in the home. My concern is regarding the capital gain. What are my options to help lesson the amount at tax time.

    Bruce’s Answer

    You should re-post this question on the tax forum.

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  • What steps should a mother take before moving out of state with her child, if the father is abusive and they were never married?

    An unmarried couple has a child in central Illinois, and the mother wants to move to a different state, with her child. The father signed the birth certificate but there has been no further legal clarification of parental rights, and he has stated...

    Bruce’s Answer

    If both parents have signed a affidavit of paternity (the title and form differs from state to state), the dad normally is a "presumed parent" and can assert legal rights to custody or visitation. Illinois has jurisdiction because that is apparently the "home state" of the child. The mom in this case should consult with an experienced Illinois before she leaves with the child, since the court could order her to return the child in a custody proceeding. If the dad has legal rights (above), the mom might also violate state or federal laws on child abduction, parental kidnapping, or custodial interference. It normally is advisable to get a court order authorizing the move before it is made. My AVVO Legal Guides on interstate custody under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) may provide more information which is relevant to your inquiry. Go to my AVVO home page. Scroll down and click on “Legal Guides”; then select those Legal Guides which are relevant to your situation. Please mark what you like as “helpful”. Thanks for your support. © Bruce Clement

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  • Spouse purchases vehicle and dies I am not on the title and cannot afford, can I turn the car back in to bank

    this being a community property state can the lender go after his estate

    Bruce’s Answer

    This is an estate planning and probate issue. Re-post this question on that forum. Normally, a creditor can pursue either spouse for a debt assumed during the marriage.

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  • What will help solidify my case during the my request to modify the parenting plan?

    A judge held my son's mother in contempt, (for the first time) now I am moving forward with modifying the parenting plan. I served her the papers during our contempt hearing, can I add documents while the hearing is in progress?

    Bruce’s Answer

    After a petition for modification is filed the first hearing is normally 30 days later. If you have filed the proper papers, the hearing will consider your motion for temporary orders, and the issue of "adequate cause." This is a critical hearing. If you fail to prove adequate cause, your case will be dismissed. It is very important to get an experienced attorney to represent you at this hearing. My AVVO Legal Guides on modification and adequate cause may provide more information which is relevant to your inquiry. Go to my AVVO home page. Scroll down and click on “Legal Guides”; then select those Legal Guides which are relevant to your situation. Please mark what you like as “helpful”. Thanks for your support. © Bruce Clement

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