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...
I am terribly sorry to hear that this has happened to your daughter. I agree with you that you have very good reason to be concerned about your daughter being emotionally harmed if her mother is engaging in this manipulation and trumping up false accusations against you.
The technical answer to your question is that you do not have to bring a separate motion about the bad behavior of the mom before bringing a petition to modify the parenting plan, though you can bring a motion for contempt at the same time. It is not guaranteed that you will get custody, because it is determined based upon the overall best interest of the child.
I must agree with the other lawyers that you would be much better off having a good family law attorney's help to pursue this case. You may be able to establish adequate cause with the police records and a guardian ad litem may be appointed to investigate.
My best wishes to you in helping your daughter through this situation that appears to be a form of emotional child abuse. If the mom did this, she should be criminally prosecuted for false reporting of a crime, but it is difficult to prosecute because of your daughter's young age as a witness and because it is not kind to bring children into court as witnesses.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...
It is difficult to give a good answer when I don't know who is asking the question. If the question is from a person who thinks he may be the father of this baby and he wants to know if he is the father and pursue his equal rights as a parent and take his share of responsibility for financial and all other needs of the baby (if it is his), then he does have the right (and the moral duty, in my view) to file a court case to establish his paternity.
Court forms to do this are available online for free, low or no cost legal clinics are probably available near you to go get advice and help with the forms and you might be able to use the Division of Child Support from DSHS to get legal fatherhood established. Getting a good lawyer would be great help, too.
This is Information about legal remedies available to a potential father. The adults in both parents' lives can also help provide wisdom and guidance. Both parents should work together to make the best possible life for their child and both have equal legal rights and responsibilities. If both parents are unfit, a non-parent may be able to petition the court for custody.See question
We have lived together for 8 months, not married. The two girls are 5 and 9. They call me daddy occasionally. I had initially brought the idea up to break up. I had left but came back within the hour. Since, we have been broken up but are trying t...
This is a tough time for you, these girls that you care about, and their mom. I hope you are able to find a way to be a healthy and happy family, if that is possible. As you know, counseling can sometimes help fix a relationship. Good luck with it.
As the other lawyer mentioned, you do not owe child support for children who are not your legal children, even if they called you daddy.
If you do go through a breakup, I hope that both you and their mom can do the right things to help the girls through the transition and it may be the right thing to do, morally, to provide some financial help if they need it.
If their mom permits an appropriate ongoing relationship for you to be a caring adult in the girls' lives, even if/after you are not a family any more, that could be a very positive thing for the children and for you. No one can or should " buy/sell" access to children, though. Please do what is right for the kids. They are our future.See question
She us having Nervius break down due to the divorce , can he proceed with the divorce and leave her nothing , she's been married for almost 2 years and has a 5 year old child
I'm so sorry that your daughter is having such a terrible time and it sounds like you are far away and it is very hard to help her enough. As the other lawyer said, it is not against the law for your daughter's husband to continue with his divorce proceeding, even though she is having a very bad time. After a two year marriage, the law does not require divorcing people to take long term responsibility for each other, even when they fully participate in their divorce. They should each get about 1/2 of the money and things they accumulated together (and take 1/2 the debt) and neither of them will be required to financially support the other except maybe a few months, at the longest. If they were living as a family for a significant time before legal marriage, the above still applies, but the start date for when they accumulated assets and debts to split may be at the beginning of that committed intimate relationship.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...
It is correct that you will need to bring a petition for modification to get an order stating that you shall now have primary care of your children. If prior orders required you to do any evaluations or treatment, I encourage you to still follow those orders. The other parent does not automatically or always end up with custody in a situation like this.
This time of turmoil and sadness for your children should be handled carefully and it is extremely likely that the children should be in professional counseling to help them cope with what their dad did and with the changes in their lives. My best wishes to you as you go through this challenging time.See question
My husbands ex wife sent their 16 year old son to live with us for a while because she was having problems with him at her house. He has stated several times to his mother that he wants to go home. We have talked to her on the phone and told her ...
It makes sense to me for the father to file a Petition to Change a Parenting Plan at the court in Spokane. This would be much easier if he hires a good family law attorney. Be sure he files a certified copy of the final parenting order from Idaho with is petition. Then he can ask for a parenting plan that reflects the current reality, orders time with the mother if that is best for the child and orders her to pay child support. I sure am sorry that this 16 year old boy is having to go through this rejection from his mother. That is so hard.See question
I recently left my husband who is in the military. I have not started any legal proceedings, but he was informed by the military he will have to pay $919.50 a month for me and our child. I do not want nor necessarily need that much, since I still ...
If he pays the 919.50 and you put it into the joint account, I can't see how that hurts him. It does not make sense to me for you to sign the document since this other way preserves your rights for the future in case you need it. I think it is unwise to sign the document and it can effect your child's right to support, at least temporarily, if you don't rush into court immediately if problems arise. Good luck working out a reasonable way through this tough time.See question
So my daughter is almost 3 years old and her dad has never been in the picture. He recently came to talk with my parents and said he want a paternity test and to change her last name and have custody of her. When he has never helped me or seen her...
A lot of the time, the person who sounds off like this is just talking and takes no action. I think it makes sense to research to find the right lawyer that you will want to meet with for advice if he actually follows through on any of his threats. Then recheck and google that lawyer to be sure they are a really good family law attorney before you make and go to and pay for the appointment. If you think that your daughter should get to know her father, it makes sense to discuss the issue in a civil way with him and let him have visits, but make sure you have a written (email is best) agreement about when such visits happen. Changing her last name at this point seems unlikely to me, but that would be up to the court if he asks for it. You have every right to disagree with that request.See question
It is my home and it was in my divorce papers he was to leave. What can I do?
I expect that you can call law enforcement and report that he is trespassing and that you request their assistance with removing him from your home. Have a copy of your divorce papers to show them.See question
My divorce was finalized, per mediation in 2013. My ex had representation, I did not. I was awarded a distribution of my ex's retirement per QDRO's. There are three. However, in trying to get the information as to where I send the QDRO's, etc. my ...
The remedy to undo a final court order based upon a mutual mistake is a CR 60 motion which must be brought within a year of the order having been entered. If it is true that your ex does not have an interest in a retirement and if it is also true that he knew that he did not have this interest when you relied on an agreement that included getting a share of it, than the CR 60 motion could be based upon fraud and could be brought more than a year after the decree of dissolution of marriage was entered. You are right that you need a lawyer in Washington to help with this. I can't tell if it is a good idea to pursue it or not. Find an excellent family law attorney who regularly practices in the county where the decree was entered and consult with them. Good luck.See question