Questions answered by Jonathan Moffitt

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Do we file the petition here or in Oregon. Because the father's identity is unknown which petition do we use?

Jonathan's answer | Answered on February 09, 2016

I agree with the other attorneys' responses, you should hire counsel to bring either a guardianship or more likely a third party custody case. The...

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How do I have a step-parent adoption done when I was a child reversed now that I am an adult?

Jonathan's answer | Answered on February 09, 2016

I agree with Mr. Iverson. You cannot "reverse" the step-parent adoption, but your father can adopt you as an adult. An adult adoption is usually a...

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Do I still use this form and if so what would I check under 1.1 and 1.2?

Jonathan's answer | Answered on February 08, 2016

1.1 does not ask if you live in state, it asks the county and state of residence for the petitioner, respondent, and children. If you live out of...

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Can she just take him like that? If we go back to court will the fact I've had him help me? Advice?

Jonathan's answer | Answered on February 08, 2016

If the old parenting plan gives her the time she is currently exercising, then yes, she can just take him like that. You need to file a petition...

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Can I give no visits in a parenting plan? How hard is it to adopt if she doesn't sign over rights?

Jonathan's answer | Answered on February 08, 2016

As Mr. Reese indicated, it is very difficult to take away all visitation. Depending on how long it has been since you last modified and how long...

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Is this so if this is a second modification?

Jonathan's answer | Answered on February 08, 2016

Every petition for child support modification must be served on the opposing party, along with the summons and financial documents. The party will...

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Can we have a case pending in WA and refile in MO? Is he going to receive a notice and have to pay the fee anyway?

Jonathan's answer | Answered on February 05, 2016

I am not aware of any fee for voluntarily dismissing a dissolution case in Washington. There may be a local rule in the venue you filed your case,...

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Do both the MSTC and ORTSC have to be served to the non moving party?

Jonathan's answer | Answered on February 04, 2016

Yes, you will need to have the opposing party personally served with the order to show cause and the motion.

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Will my wages be garnished if we marry?

Jonathan's answer | Answered on February 03, 2016

No, you are not responsible for his child support debts if you marry him. However, DCS may levy bank accounts with his name on them.

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Can C.P.S. obtain medical records that are supposed to be protected under the H.I.P.P.A. act without my knowledge or consent??

Jonathan's answer | Answered on February 02, 2016

In short, yes. CPS can obtain just about any information they want during the course of their investigation. Usually to obtain health records,...

Jonathan Moffitt's Answers (382)

Do we file the petition here or in Oregon. Because the father's identity is unknown which petition do we use?

How do I have a step-parent adoption done when I was a child reversed now that I am an adult?

Do I still use this form and if so what would I check under 1.1 and 1.2?

Can she just take him like that? If we go back to court will the fact I've had him help me? Advice?

Can I give no visits in a parenting plan? How hard is it to adopt if she doesn't sign over rights?

Is this so if this is a second modification?

Can we have a case pending in WA and refile in MO? Is he going to receive a notice and have to pay the fee anyway?

Do both the MSTC and ORTSC have to be served to the non moving party?

Will my wages be garnished if we marry?

Can C.P.S. obtain medical records that are supposed to be protected under the H.I.P.P.A. act without my knowledge or consent??