Greetings, I have several documented incidents where the ex wife has been coaching my daughter. Unbeknownst to me, my daughter was brought into the Sheriff's office with CPS and my ex wife. CPS and a Detective interviewed my 7 year old daughter re...
Your situation is too complicated to provide comprehensive advice in a post. It's one of the most complex types of situations that exist. There are issues that are raised because the evidence that you have is hearsay. That makes the allegations even more difficult to bring to court. There might be some reasons in which you would seek belief in more than one type of action.
You should seek counsel of an attorney really quickly. You should also continue to gather as much evidence on every front that you can. Pay particular attention to having conversations about the situation with your ex. What she tells you about the situation would be admissible. However before you engage in those conversations you really need to sit down and talk to an attorney so that you have an idea of what it is that you are trying to prove so that you have an idea of what you were doing. Very experienced attorneys have all kinds of ideas about how to deal with this situation and there may be more than one way to handle the situation. You'll want to talk to someone local inexperienced. Good luck.See question
Who gets custody when a 16 year old girl gives birth to a baby? What happens when the 16 year old girl tells her lawyer the name of the father, but she tells her lawyer that this cannot be revealed before child custody ends at age 18. This is beca...
In general, people shouldn't be dishonest. Dishonesty does not lead to any sort of long-term Positive Solutions.
When a 16 year old girl has a baby she is the parent. When the sixteen-year-old applies for any sort of benefits she is asked to provide the possible fathers. That's the exchange of information that is made 4 benefits. The mother should not lie. Why could cause long-term ramifications that are not in her best interest
The state of Washington, if they pay benefits, will then start a legal action to establish paternity and establish child support.
This is a very significant issue and paternity can go backwards. Meaning that parentage could be established at some point in the future creating a large child support arrearage and other problems that you can't appreciate at this moment in time. It also creates strong feelings and emotional issues which are difficult to predict.
Lawyers act in confidence. There are few situations in which a lawyer would be required to say something. Most situations require the lawyer to keep information confidential if they are instructed to keep the information confidential by their clients. There are rules of professional conduct which you could look up that discuss the exceptions to those circumstances.
Good luck. Please consult with a local attorney
Who gets custody when a 16 year old girl gives birth to a child? The biological fathers will not exercise his parental rights if he does not have to pay child support. The 16 year old girl agrees. The 16 year old does not have the skills to raise ...
The reality of the situation is this is a child having a child. There are lots of things that could be done both legally and assistance by a host of family members.
It is probably important to realize that decisions that people make when they are 16 could hunt them when they're 24 or 25 or older. Sometimes you don't need to rush to make a decision.
If the grandmother wanted to start a non-profit custody action she would allege the parents are not fit to raise the children. As part of that process the mother would have a guardian litem appointed based on her age. Likely, if the alleged father was a minor which I'm guessing he would be appointed a guardian ad litem. The court would order DNA testing to sort out paternity. And then the case would move forward there.
Your question was who gets custody. The answer is that the mother is the mother and has every right that a parent has. She's not required to file an action for child support and she's not required to file an action for a parenting plan. She's just the mother. No one's going to question her authority to make decisions about the child. Having said that no one will question her decisions about the child everyone will question her decisions about the child because she's 16 and everyone thinks they know better.
In general, she could apply for DSHS benefits. When she applies for DSHS and if it's then she'll get medical care for the baby and financial assistance. The financial assistance will never be enough however it's a start. She can also apply for daycare assistance if necessary. She's going to need lots of help. By virtue of giving birth to a baby if she's given an opportunity and lots of support she will learn the skills necessary to be a parent.
Once you apply for benefits the state of Washington will move forward and establish a child support order and paternity. There's no charge for the service to the mother. The father in general doesn't have an opportunity to quote on quote give up his rights. Unless the parents wanted to give the child up for adoption.
In general children prosper from having both parents in their lives. Even modest contact it's better than zero contact.
The grandmother can find the forms for non parental custody on the Washington State Court website. Good luck with the situation. My advice would be to go consult a local attorney.See question
The other party had registered the child in a preschool without my consent in violation of temporary P.P before the Permanent Parenting Plan was issued. We have joint decision making for education in Permanent P.P as well but the child still going...
Your statement says that the judge refuses to address this issue. That makes it sound like the judge heard about this problem and refused to change anything. If the judge heard about the issue and refused to change anything then the issue will have to wait for trial. If a Commissioner at the court was the type of judge that made the decision to not make a change you would have 10 days to appeal his/her decision to a judge with a Motion for Revision.
If there is joint decision making - then you would not be allowed to make a unilateral decision to change the pre-school either. This is an issue that could be mediated. If the mediation was unsuccessful then a judge could make a decision.See question
He has not even talk to her on the phone in a year and last night he went to my boy friends sisters at 1230 at night with court papers saying that he had temperate custody of her what do I do
The court system has a process. A person files a motion for an immediate restraint. In order to get the immediate restraint they have to fill out a declaration and tell a judge why urgent action is necessary. If the father obtained such an order it was likely because he told a judge that there was an immediate danger and that the child needed to be protected. Those types of orders have a hearing set up for about 2 weeks after the judge signs the order.
You will need to get all your information together to submit to the court and to him before the hearing so the judge has an opportunity to make a balanced decision with information from both parents - not just one. You can find the paperwork at washingtonlawhelp.org and you can schedule an appointment with a facilitator at the courthouse to make sure you have the paperwork filled out correctly. The responsive papers are due many days before the hearing and in addition to filing the originals with the court - you have to provide an extra copy to the judge to read before the hearing.
It is also possible to go to court and get the restraining order quashed. You could do this right away. However, you would need to make the request in writing and have all your ducks in a row.
The process is not particularly simple however many people navigate the system. I would advise you to start gathering documents right away and go speak to a local attorney as soon as possible. However, if you are not going to speak to an attorney - start using the resources that are available to you.
Parent has full custody of child, but is worried about child being taken, and wants to ensure the child goes to a certain relative if any thing was to happen. (including if CPS was involved)
It sounds like the parent is having issues with CPS. Making a change on paper but still having the car of the child will likely not be a solution to that problem. There are also two parents for most children (so, my condolences if one has passed) but, if there are two - if one parent gets into trouble usually the other parent is a resource.
As an example. If the primary custodial parent dies - then the other parent is the only remaining parent and they would be the parent. Even if the primary custodial parent has a will that designates someone else to care for the child - the other parent (if they were fit) would be the parent.
It is possible for the parent to enter into a safety plan with the department and to engage in some services to improve their parenting. This can include a temporary placement with someone. However, that opens the door for the non custodial parent to take legal action. If both parents have issues with CPS then it may be possible for something to occur by agreement. The issue of guardianship or a non parental custody action could be discussed.
These are all difficult subjects and a bit of a mine field to navigate. I would suggest you go meet with a local attorney to discuss various options. Be aware that what you want and what the parent wants may also create a conflict. What may be the right strategy for the parent - may not be something that is acceptable to you.See question
My son's two children were court ordered to be placed with me if my son failed to fulfill certain court ordered provisions. My son and daughter in law blew it and the children were placed in my custody. Now CPS decided I was unfit placement and ...
You are really not going to be able to do so because of a jurisdiction issue.
You have suggested that the children were taken away by the state and are in fostercare. The state placed the children with you - likely in a process that is appropriate under "relative placement". As the dependency has moved forward the parents have not gotten better. The department has determined that you are not an appropriate placement resource.
The dependency court has exclusive jurisdiction. That prevents the filing of a non parental custody action and it prevents the filing of a guardianship. You have to work within the system. DSHS has certain criteria that may be disqualifying. A judge has some power to place the children despite you not falling within the criteria. It will require advocacy within the dependency system.
You would want to discuss the matter with an attorney that is very experience with both family law and has some experience in advocacy in the dependency court system. The Seattle Times over the last ten years has done a number of articles about grandparents in your situation. You may want to do some research and look them up so you can see what barriers exist and how other people attempted to overcome the barriers and hurdles that were placed with them.
Good luck.See question
My sons father will not cooperate what so ever and I need help trying to figure out how to get custody of my child
You will need a parenting plan that helps establish the ground rules for you and he to share time with your child. You can go to washingtonlawhelp.org to find packets of information about how to file a request for a parenting plan. You may want to engage the services of a local dispute resolution center and set up a mediation to try to hammer out an agreement related to parenting.
The local courthouse has a family law facilitator that can help you review the forms to make sure you have them filled out accurately and then you can schedule a hearing to have your proposed parenting plan adopted. Start with getting a packet of forms and begin to fill it out. Set up appointment with a facilitator and then move forward.See question
My ex husband has/had physical custody of our kids. He was recently sent to jail for sexual offenses including incest with his daughter that he had physical custody of from a previous relationship. Do I have to go to court and amend custody to get...
I agree with Mr. Neff. However, because there are likely conditions associated with his sentence - ie.. restraints around minors, there may not be an urgent need to do anything. You may want to visit the local courthouse that he was sentenced and obtain a copy of his judgment and sentence. The document is usually 6-10 pages long. There are things that he is required to do in the sentence and it may have restrictions. Also, for many sex offenses there is a pre sentencing report or study that discusses in great detail what sorts of risks the defendant may pose to the community and/or children. You would want to look at that as well.
You would file a petition for modification and have him served. You would then schedule an adequate cause hearing to move forward. The process is not automatic and you should go see what information you can gather to start the process sooner rather than later.See question
I was in a fire on February 20, 2016. I received the report from the fire investigator saying the cause of the fire was undetermined and they don't know the cause of the fire. I lost my whole life in the fire yes I had renters insurance but it did...
You need a plaintiff's personal injury attorney.
It may sound strange, but you are almost always suing people or businesses. If they have insurance, the company then hires a lawyer to defend them. If you are successful, the insurance company pays. However, sometimes people sue their own insurance company. For instance, maybe your own insurance company did not pay you all the benefits that you were entitled too under the renter's insurance.
Find a local attorney to meet with and discuss the claimSee question