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Yale Lewis III

Yale Lewis’s Answers

317 total

  • What can i do to get my daughter back?

    I am in Iraq (Army) and was sent here Aug 9th '09. During this time my wife had an affair, packed up my daughter and moved her to Cleveland in Oct. She did not have my permission. I will be back in a few weeks and am also retiring from the army. I...

    Yale’s Answer

    If there is no court order regarding custody, then you can't be in violation of it. so, legally speaking, yes, you could pick up your daughter and bring her back here. however, that would probably be very traumatic for the child, so you would need to do a number of things first, for the child's sake. Maybe you should live w/your mother in Cleveland for a mos. or more to get your daughter reacquainted with you. you would also need to arrange for daycare, school etc. here before you brought her back. once you and your daughter were settled here, you would file your divorce papers. these are just ideas, you really need to think things through w/an attorney.

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  • My son is 6, his father and I never married. He will not sign papers to get a passport to visit family. What can I do?

    My son's father and I are no longer together. He lives in another state. We have no parenting plan, custody or child support order. On a recent visit I asked him to sign papers to allow me to get a passport for our son and he would not. What ca...

    Yale’s Answer

    if he won't sign voluntarily, you will need to get a court order requring him to sign, or, maybe waiving the signature requirement. To do that, you will really need a parenting plan and order of child support. If you were married to your ex but now living apart, you need to file a pet. for disso and then, under that cause #, set a motion for temp orders re: parenting plan, child support, and passport.

    If you were never married but he is on the birth certificate (paternity established), you need to file a petition for establishement parenting plan / child support. If you were never married by paternity is not officially recognized, you need to file a petition to establish paternity and, under that, a parenting plan and child support.

    I don't think you are going to get a judge to act on the passport issue without first addressing decision-making, including international travel, in the parenting plan

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  • How long does a divorce take?

    I hired my lawyer in 10/2008 and we have no property to divide, our children are of age. I call my lawyer and email him and I seem to get nowhere. He has got me Spousal Support and now I have requested for my husband to help with the lawyer fees...

    Yale’s Answer

    if you don't like your lawyer, you need to fire him and get one you do like.

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  • My Ex is leaving the country for for 3 wks what are my legal rights to have the child stay with me during the time

    I received a call that my EX is going to be away from my some for ~ 3 weeks. She said her sis wants to take care of him and i will still have him during my visitation. I was lead to believe it was a Vacation. I answered i will think about it. Th...

    Yale’s Answer

    some parenting plans have a right of first refusal for daycare. In this scenario, she would have to offer the daycare to you, before the sis.

    absent this kind of provision, either parent can generally do what they want with the child during their time with the child.

    you will need to read your parenting plan to figure out what whether it addresses this.

    if you don't have a parenting plan, then you need to file a petition to establish one and maybe you could get a temp order that has a right of first refusal in it

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  • How can I dispute my child support back pay?

    My son just turned 18 yrs. He now reside with me and I still owed child support back pay. His mother no longer wants to raise him. Is there a way I can dispute the back pay? What can I do?

    Yale’s Answer

    you can't retroactively modify child support arrearages. You can only modify current/future support

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  • I served dissolution papers on 1/25 and she got a lawyer. They have not responded in any way. Is she in default?

    She was served on 1/20 and no response has yet bet filed or sent. I attempted to file default but was told since she has a lawyer who filed appearance on Jan 25 she cannot be in default. She ran away with our child and has not allowed me access to...

    Yale’s Answer

    now that the other side has appeared, you have to notify them if you file a motion for default. If the other side files their answer anytime before the hearing, they cannot be found in default.

    i would forget about default, and file a motion for temp. orders to see your kid.

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  • My wife purchased our home before we married. I began paying half the mortgage 3 1/2 years ago. Is it community property?

    Our marriage is looking like it is going downhill fast. I am afraid that all the mortgage payments I contributed to may not count for anything if the home is community property. In Washington state, am I entitled to any part of the equity earned ...

    Yale’s Answer

    You would be entitled to your community property share of any increase in value from date of marriage or maybe co-habitation to date of separation. Your community property share is whatever the court deems just and equitable. Often it is 50%, but not always.

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  • At what age can a child in WA decide the length of visitation with a non-custodial parent?

    My boys are 11 and 13. Their father lives in another state and we reside in WA. My kids don't want to spend another 6 week summer with their dad. Last summer was awful - their dad had lost his job, they had little food and no activities all sum...

    Yale’s Answer

    You have to follow the court order unless it is changed or you and Dad agree to a change. To get a petition to modify the parenting plan in front of a court, you must first have an adequate cause hearing. To prove adequate cause, you must demonstrate a substantial change of circumstances in the household of the non-moving party.

    Here, losing a job and not having any food might be one factor in a subst. change of circumstances, but you would prob. need additional factors, e.g. drug use, scary dog, no driver's license, strangers in the house, etc. Also, the court won't listen to what you say the children say (we call this hearsay), you would need hard evidence, this may include a statement from the children's therapist regarding what they tell the therapist about Dad's house.

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  • Which is the best option-3rd party custody or emansipation?

    our 16 (17 in march 2010) granddaughter was in bio-mother custody, step-mother physically abused her, restraining order lifted in oct 2009, she remained with mother. Mother has just passed away and granddaughter is in hiding. She refuses to retu...

    Yale’s Answer

    • Selected as best answer

    you need to file a 3rd party custody action in the county where gdaughter is in hiding. If dad is in CA, that gives you something of a tactical adv.

    Unfortunately, the standard of proof for prevailing on a 3rd party cust. action is quite high. You have to prove that the bio dad is unfit, or that placing her w/dad will result in actual detriment to her health and well being.

    These cases rarely win, but, depending on the facts, it might be best to try

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  • By law, in Washington state, must you divide retirement funds & 401K in divorce settlements?

    My husband has 30 years ($350,000.00) in his retirement pension fund. We were married 14 years (1994-2006). I have $35,000.00 in my 401K. We are just now divorcing. By WA state law, am I entitled to some of his retirement?

    Yale’s Answer

    WA state law says that the division of assets and liabilities must be just and equitable. Yes, you are entitled to your community property share of his retirement and he is entitled to his share of yours. The court won't necessarily do a 50/50 split, but it usually does something close, based on the facts.

    For example, if you have a house and other assets worth $350,000, he might get his retirement and you might get the house and other assets.

    If you have this kind of $ at stake, you really should get a lawyer.

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