any advice on how to word a progressive parenting plan with a restart clause for missing X number of visitations?
Your question is too vague.
The visitation shall be progressively increased in phases. During phase I the visitation shall be __________. After x happens then phase II will be implemented. During phase II the visitation shall be ____________.
If the parent fails to excise Y then visitation shall go back to Phase __
Or something along those lines might be something you can think about. Good luckSee question
My sons mom and I are fighting for custody. We currently have 5050 and she wants full custody so she can move. She found one of my ex girlfriends who hates my guts. This girl has bad text messages from me that involve not the greatest things. Can...
In general, anything that you write can be used in the court. Those writings are out of court statements and considered hearsay under an evidence rule. The evidence rule has a lot of exceptions. For example, a writing by you could be hearsay and have an exception and be considered. (This is the most common thing). A text from you could come into evidence.
It makes a difference whether the text is relevant. This is an objection that can also be made. The party that offers a text message also has to prove the text message is authentic. This is an other evidence rule.
You should consult with a lawyer - not so much just about the text messages but also about the ability your ex has to ask to relocate the child. You likely could benefit from advice about what those factors are and understand how the relocation act works a bit better.
Good LuckSee question
Im pregant, and no married. Me and the father of my child are no longer together and he is making it very hard to communicate with him about any thing. He says he "knows his rights" and will play a pivotal role in our childs life. But he puts me ...
If your elected to move to Oregon he could not stop you. To be more clear, even if the baby was born in WA the court would not stop you from moving. The issue is really the baby. So, until the baby is actually born, there is a lot of freedom of movement.
The more significant question is whether of not he could force your baby to come back to WA. For an infant, where the child is born plays a role in which court could have jurisdiction. But, regardless of which court has jurisdiction, the father could go to court and make an argument that he is the better resource for raising the child. If you are not using drugs or doing other illegal things, he may not have very much success in making that argument. But, if you want more significant legal advice it would be beneficial to sit down with an attorney and discuss the specific facts of your matter and then you would have more information that is tailored to your specific situation.
Just so you know, it is even possible to have the child born in Washington and ask for permission to move to OR and have it be granted. There are just a lot of factors to consider and it is very difficult to do so on this type of forum.See question
1. My partner filed a baseless DV P-O (main charges are yelling, and supposedly being unstable) depriving me of access to my 3-y-o daughter who I have been the main caregiver to while my partner works 60 hour workweeks. (she also kicked me out of ...
You may wish to consider filing a petition for a parenting plan and asking the court to adopt a parenting plan. You can find the forms for this at http://www.washingtonlawhelp.org/. You can also make an appointment with the courthouse facilitator to help fill out the forms.
There is a return on the DVPO in a short period of time. You would want to prepare and file a declaration concerning your version of the events. This would be the defense to what you describe as the baseless order. You should consult a local attorney about the matter. It would be helpful to pay a consultation fee to get specific advice on your matter.See question
So my ex was sent to jail for 18 months and is now a level three sex offender. We have a common child from before he got charged that was three months old at the time he was arrested. I went and filed a protection order over a year ago and now am ...
If you were ever on public assistance the state may have done a child support order and adjudicated parentage. In that process there would be an Order on Summary Judgment. It would likely have language in it that places the child in your exclusive care. This would be something you would want to know. If such an order does exist then it is your court order that allows you to make decisions for the child and the burden is on the father to seek a parenting plan.
Depending on the sex offense the court would likely order restrictions if he did seek a parenting plan. It depends on the sex offense.
If you never had an Order on Summary Judgment and you and he signed the paternity affidavits at the hospital he would have a lot of rights, but not exactly an affirmative right of visitation. Could he pick up his own kid? Well, maybe. Although, that seems really unlikely. You should go speak to a local attorney and figure out your legal status.
As for the protection order renewal. The burden is on him to prove he will not reoffend at the hearing. This may mean that you would want to submit his presenting report or other documentation to the court so the judge would have that information at the hearing.. Good luckSee question
I'm granted court ordered visitatons on Sunday's with my daughter. Her dad has withheld visits before and the judge told him its not at his descresion, now he didn't show up again today sent someone to my work last night saying my daughter had str...
It is my belief that if the kid is sick - the visiting parent could also take care of the child. However, one has to be a bit careful with children. Sometimes, doing a visit with a sick child is not in the child's best interest. In your case, if the kid saw a doctor and is sick - it is reasonable to reschedule the visitation. If the child is hospitalized - it is more than reasonable.
If there is a no contact 0rder your refusal to call is an exceptional idea. That could have you in trouble. At some point, you are going to learn the truth. You are allowed to request the child's medical records from the facility. The no contact order screws things up but good.
I could likely tell you more options if I knew whether the order you have is a temporary order or a permanent order and whether the no contact order is a civil order or a criminal order. However, the issue you are asking about does not seem to have anything to do with the father being abusive or a sex offender. Those things may matter more if you have a temporary visitation order versus a permanent parenting plan. Also, the topic of contempt might make a great deal of legal difference given the two different types of order.
You should schedule a 30 minute appointment with a local attorney to discuss your matter.See question
My cousin is going to court due to a divorce to argue custody. She is currently 13 years of age and she is in preference of her mom. She doesn't want her dad to have any custody due to the fact that "He keeps us from family and lies to us and yell...
Generally speaking, there are lots of things that go into a decision about placement of children. What the child wants is a small piece of the equation and from the child's perspective - if they are not getting what they want - they might think they are being ignored. However, what the child wants is not necessarily what will happen.
If his person (the 13 year old) want to do something for herself - she might want to sit down with both her parents. She could write out a list of about 5 things that she wants to tell them. She could arrange to meet with both her parents at the school in a conference room with the school therapist or nurse ie.. a witness/peace keeper.
She writes down 5 bullet points she wants to get across to her parents. She puts it on paper - so if she gets tongue tied - she can look at the bullet points and move on to the next topic. Perhaps this will convince her parents to take her into account.
She is also 13 and she can go see a counselor without her parent's consent. She can get some help from the counselor related to her feelings. She can tell the counselor not to talk to her parents for instance. Maybe that would be a safe place to express her feelings.
She obviously has an opinion. However, she may think she is right from her perspective and she just may not be. Adults have a different understanding than teens on these issues. Although, to be fair, perhaps she is right about everything and the parents are acting like kids. Good luck. These are just some idea.See question
I have a messy child support case that has been going on for ten years now. I've tried to make dcs aware that my ex wife took my children out of Idaho without mine or the courts permission. They don't care. Yesterday I came across a document th...
I do not agree with your premise that she would have had to sign the document that you found. So first, I am thinking that you are likely wrong. But, lets assume that you are correct - as I understand the question - you share legal custody and she has full physical custody - that sounds to me like signing a document that indicated the children are in her care would be truthful. Furthermore, the children are actual in her physical care -which further makes the issue seem truthful to me.
Under the UCCJEA - Idaho would have exclusive and continuing jurisdiction. When both parents move out of the state - and in this case - into Washington - you can register the orders is Washington and take contempt action. You have implied that she did these shenanigans a long time ago. Not taking action for long periods of time does hurt your overall position.
You may wish to consult with a local attorney about registering the orders in Washington.See question
We have a week on week off order by the courts and I had to give him to his dad toda. And he tried to kill him self in front of our child last Friday. And cps got involved I did everything that they asked me to do and the dad has not done what the...
This is a bit complicated. If you think the children are at risk in the presence of their father - you have an independent duty to keep them safe. The reason that it gets complicated (among other things) is that it sounds like you have a parenting plan. Keeping them safe - might mean violating the parenting plan.
You should be seeking a temporary restraining order - if you think there is an issue in the father's care. This would involve filing a petition for modification. This is also the sort of situation in which - "He tried to kill himself" takes on a significant meaning. But, if her really did do that - I would think that it would cause a judge pause.
Do not rely on CPS to protect your child - you need to take action yourself. It is not particularly uncommon for children to be taken into fostercare when a parent fails to protect the child. I believe the other attorney is correct that you really need an emergency consolation with a local attorney to go over the situation. This situation seems very urgent to me.See question
I have an order that my husband has physical custody of the children but it is joint legal can heat up and rude if we decide to get a divorce and move to the East Coast even though he's been living in Washington state for the last year and has cla...
If there is a court order, even a temporary order, that places the children with your husband - he would be required to provide notice and give you an opportunity to object to the move. You could go to court and restrain the move or even require him to move the children back here.
Your question is a bit garbled. I suppose you could have an administrative order and that is a bit different. But, you could file for a dissolution and ask the children to be returned. There is no real issue related to claiming legal residency. Under the UCCJEA the state of Washington would have jurisdiction over the children - so, do not delay if he takes the children. If you are concerned that he is really going to move - consider going and getting a restraining order. Counsel provided a very good website that had forms and directions. Good luckSee question