I have a 6 year old son who has never known his birth father. The only dad he has ever known is my now husband who has been around since he was 6 months. I want to get my husband to do a step parent adoption. The birth father will not agree. He is...
Based on what you've said, I think you have a very good chance. I was once appointed by the court to represent an incarcerated father who was opposing a petition to terminate his parental rights in a step-parent adoption case - similar to your case. It went to trial because he would not consent to the adoption, and we contested it at trial, but still lost.
I would recommend you go ahead and file (well, technically your husband will file) the petition to terminate the biological father's parental rights. If you are lucky, he will not appear or respond to your petition and you will prevail by default. On the other hand, if it does go to trial, you look to be in a very strong position.See question
I hired a lawyer because my ex filed a parenting plan against me. We had our first court hearing and it started at 9 am and we were the last case and didn't get done until after 12. I have paid her 2,500 and just got a bill for an additional 2,000...
The first place you should look is your legal services agreement. Some attorneys like to charge the client a flat fee for court appearances; for example, two hours, regardless of the actual time spent (whether it be more or less). If so, this will be in writing. Others just bill for the precise amount of time they spent in court - this sounds like what your attorney does.
If your legal services agreement is silent on this issue, then feel free to bring it up with your attorney. You make a valid point about being billed for time the attorney was spending on another case. Personally, when that happens in my practice I divide the time up between the clients, but that's just me.
As far as asking that the case be called early- in Thurston County Family and Juvenile Court, that is not really possible, absent exigent circumstances. For example, if the attorney had a scheduling conflict and needed to be somewhere else later that morning, the court might let them go out of order. I wouldn't hold that against your attorney.See question
considered an imaged/electronic record not paper record correct? According to this page it is supposed to be 0.25 per page and I have always been charged 0.50 per page.http://www.courts.wa.gov/programs_orgs/pos_bja/ptc/documents/SuperiorCourtProSe...
That document looks like some kind of generic document produced by the state, but I can tell you from experience that Thurston County Family and Juvenile Court charges $.50 per page for copies. Since we have gone to electronic imaging for all records, there really isn't any such thing as "paper" records anymore, but whether you print the document yourself at the self-help computer or have the clerk print it for you at the front counter, either way you are paying $.50 per page.See question
Recently my mother fell and was very ill, my older sister took power of atty. My mother recently found out my sister is trying to empty her bank accounts without her knowledge. Can my mother give me her money so I can open my own account that is n...
Your proposed solution does not address the underlying problem - that an attorney in fact is abusing their fiduciary duty. Look at the power of attorney itself for how to terminate it. Most require a written notice to the attorney in fact. If your mother is no longer incapacitated, then she has the ability to terminate the POA. Once it is terminated, your sister cannot legally access your mother's funds.
If your mother is unable or unwilling to terminate the POA, then you can take legal action. You could file to be your mother's legal guardian, which would then trump the POA. There is also a little-used procedure for removing an attorney in fact under a POA (if guardianship isn't the right fit for your circumstances).
As this is more of an elder law issue, I'm changing the category from family law for you.See question
4 week old baby and father wants to take her all but three weekends a month. He claims I'm not stable and its to help me get on my feet. I go back to work this month and have a home I pay rent in. I have a domestic violence from 09 but besides tha...
That kind of schedule is not in keeping with what the child development experts say an infant child needs. In fact, the latest research says that very young children do not necessarily benefit from overnight visitation with the non-residential parent (they do better with frequent, shorter visitation sessions - every other day for at least a couple of hours, for example).
A good resource for examples of age and developmentally appropriate parenting plans is the Arizona Parenting Guidelines, which our local court is aware of and heeds, even though it is obviously not of this state. I'll include the link below.
Your point about breastfeeding is right in line with this sort of child-developmental grounded argument. Such an argument would serve you well in court, if it comes to that. He'll have a tough time coming up with the research and science to overcome it. Unless he can convince the court that you have a serious parental deficiency, a schedule like one of these examples should be issued by the court.See question
(family law matter). How do I ask for a new commissioner when he is biased? I saw the statute but don't know what type of motion.
There is no formal process for removing a court commissioner from your case. They are not judges, so you cannot use an affidavit of prejudice. If the commissioner was aware of an actual conflict of interest in your case (for example, if they used to represent a party when they were in private practice, or perhaps they know one of the parties personally), then they will likely recuse themselves from the matter. But if you just think they are biased against you . . . there's nothing you can do. And remember, the court commissioner may always seemed biased against a party, because after all, their job is to make a ruling that will favor one party over the other.See question
My ex husband sued me for full custody of my daughter 13yrs ago. I had to pay him child support. He did not live in her school district so she would stay with me 5 days a week. Her father on weekends. I asked him to drop the child support since sh...
Why not petition the court to (legally) change custody back to your residence? The legal basis for doing so would be that he has consented to her becoming integrated into your household, in substantial deviation to the parenting plan. Once you have legal custody, then child support would naturally flow from his household to yours.See question
She talked him into having baby, then when she found out she was pregnant, she told him she was leaving Olympia, Washington and going to Cali for the support of her family. She has told him he can be a part of his son's life, but only if he pays f...
I agree with the previous answer. Under the UCCJEA, a child custody matter must be decided in the child's home state. Under the facts you give, California is the home state. Since you and the father are in Washington, you could start by seeking a Washington lawyer that is also licensed in California.See question
I would like seek advice and help from Pro Bono divorce attorney as I have received settlement of conference. Please let me know if any one can take up my case. I am new here at Olympia, WA and new to USA country so don't know the legal system w...
The best way to seek a pro bono attorney in Thurston County is through the Volunteer Legal ClinIc. You start that process by contacting CLEAR, and they will determine your eligibility based on your income. Since you are employed, you make be earning too much to qualify for a pro bono attorney, but if you are still within certain income limits, you may be referred to the Moderate Means Program, where attorneys have agreed to represent clients at reduced rates due to the clients' limited incomes.
You can start the process by contacting CLEAR via the internet at www.nwjustice.org.See question
or do I need to send the other party the response and file it?
If you "respond to the response," as you put it, that is called a reply declaration, and it is limited in scope to new issues that the other party raised for the first time in their response. In my practice, I do not always file a reply declaration - only when they are necessary to rebut new allegations against my client. If you find that your reply is covering the same ground as your original motion, then you probably don't need one, and you can simply argue your case at the hearing based on the declarations on file.
If you do file a reply declaration, you must give a copy of it to the other party by noon the day before the hearing.See question