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Dave Hawkins
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Dave Hawkins’s Answers

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  • Can i file a new parenting plan

    i live in kelso,wa and have a parenting plan in grays harbor,wa. my ex and i have joint custody but i have 51% and custodial care so my question is can i file in my county for a new one or do i have to stay with grays harbor courts

    Dave’s Answer

    If you're asking about a modification, it would take place which issued the order if any party still resides in that county. -- Gray's Harbor.

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  • Can my wife throw me out of the house which i own?

    My wife threw me out of MY house which I own. She does not own the house. I own the house. Can my wife throw me out of the house which i own?

    Dave’s Answer

    Not without a court order saying you have to vacate.

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  • Can I switch the schedule of our parent plan based on both parents working even if he doesn't agree?

    Our PP has two schedules. One is based on the mother working. The other is based on the mother, (me) not working. I notified him we are switching this week, (today) because I am working. He won't agree. But, our agreed PP says what the schedules a...

    Dave’s Answer

    Yes if you want to avoid going to a court hearing. That's a very unusual PP because it sounds like it is set up to cause further disagreement and conflict, does working mean 40 hours a week or 10 hours a week -- the PP sounds vague which is always dangerous.. Its impossible to say without seeing the PP which suggets that you should go see an attorney.

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  • What about custody?

    My husband and I are separating. We agreed to 50% custody split thinking it was best interest of our daughter. However he is an alcoholic who almost died several times binge drinking (BAC4.2) this was before we separated. He also admittedly drove...

    Dave’s Answer

    Your obligation is to protect your child. why would you agree to any unsupervised contact if you know he is drinking. He is doing what all alcoholics do -- denial denial, denial. This does not bode well for you. You have to be aggressive if you truly want to protect your child and that means hiring an attorney to get a PP in place to force him to get the help he need. What is more important to you, your child's safety or not angering him? What are you willing to do to protect your child? Please hire an attorney.

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  • Is divorcefast.com a legit company and will Washington state and USCIS recognize the divorce

    OK so I am legally married but have been separated for almost 6 years now my husband lives in mx with a new wife and child I have been with my current fiance for 3 years and he got a DUI n was deported but has no time bar so I want to get a divorc...

    Dave’s Answer

    NO. Since your husband lives in Mexico, you have to serve him and comply with the International Service of process convention (treaty) to serve him with the papers in a foreign country. His current marriage is invalid because he cannot marry another while still married to you, unless of course he got divorced in Mexico This is complicated -- you will need to hire an attorney.

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  • Is it true that before my children are around a new partner I would have to provide a background check for them?

    As my wife has sought legal counsel she has claimed that she could make me get a background check for a new partner.

    Dave’s Answer

    NO. there is nothing in the law that provides for such a requirement. The court will do a background check on all parties and anyone living with them prior to entry of a final parenting plan, but the court conducts that search. However, if your new partner has a felony on her record or any DV conviction, your contact with your children MUST be limited under RCW 26.09.191

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  • Can i file a petition for a drug test for a child custody case?

    My sons father is trying to have full custody of my son because I put him on child support. He's taking me to court to "prove" that im an unfit parent. His reasoning is because i go to college full time and i work 20-30 hours a week. He feels that...

    Dave’s Answer

    You would have to file what is known as a CR 35 motion but you have to give proper notice on the family law calendar -- 14 days. You should have filed a written response to his motion and should have mentioned your concerns in that response if the "court" you are referencing is a motion. If it is trial, then you are out of luck because you have to follow proper procedure and the rules of evidence.

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  • Is there any way that my wife can limit where I take my kids while I am caring for them?

    My wife and I are separated and have not filed for divorce yet or a parenting plan. I have moved out and live with someone else now who she doesn't like. According to her and "several lawyers" I am not allowed to take them to my apartment anymore ...

    Dave’s Answer

    If you are married you have the same residential/parental rights as she and she cannot control what you do or where you go when you have your child.

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  • What should I do to get my daughter

    My daughter was taken from me when I needed to go into rehab it was not legally binding she just went to relatives and now they don't want to give her back so what can I do to get her back

    Dave’s Answer

    Hire an attorney. They have committed custodial interference. DO NOT breach the peace by entering their home and taking the child. A court will not be impressed by such action.

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  • Do I file a change of venue in the county im trying to move my case to or the county my case is filed?

    I have full custody of my 2 boys and I am taking the father back to court to ask for supervised visitation I was advised by an attorney to change venues but not sure how to start this.

    Dave’s Answer

    Venue is proper in the county where the kids live or where the case is field. You file the motion in the county where the case is filed.

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