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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> WA
Jan 21
2010

Ask a Divorce Lawyer: How can I keep my ex and our kids from moving each time my holiday visits come up?

Posted by Matt Allen in WA , Visitation , OR , moving , Jennifer Paine , Cordell Cordell, PC , Ask A Lawyer

Question: The way my paperwork reads I’m supposed to have my daughter for Christmas every other year (including this year). Yet each time it’s my turn, my ex informs me and the court that she is moving and it just happens to be during my set visitation period. 

This has been going on for years and 2 years ago when this happened I filed with the court saying I though she was moving under false pretenses, but she was still allowed to move. Now this year, she is on the move again. 

Any ideas on how I can get my Christmas visit this year? The court case is in Oregon but I’m located in Washington. 

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Nov 07
2008

Ask a Lawyer: Non Parent

Posted by Dads Divorce in WA , Rules , Procedures , Ask A Lawyer

Question:

Daughter is not mine, raised by me for four years. Do I have any rights for custody?

Answer:

I am not licensed in Washington. Were you married to the mother during the time that you helped raise the child? Was the child born during the marriage? Has the biological father established paternity? If you were not married to the mother at any point and the biological father has established paternity it is unlikely you have any parental rights. Some states will entertain visitation with step children under the right circumstances. I recommend you consult an attorney in your state to determine if this is a possibility in your state.
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Aug 08
2005

Ask a Lawyer: Drug Testing

Posted by Dads Divorce in WA , Legal Strategy , Ask A Lawyer

Question:

My spouse and I are in the midst of a custody battle. We were both ordered to have hair follicle tests done. I fear we both may fail. I have previously gone to re-hab, he has not. What may be the consequences of this situation if one or both tests come back positive?

Answer:

I am not licensed in the state of Washington. You should also consult an attorney in your state. The consequences of you both failing will likely depend on how recent the drugs were taken. Hair follicle tests can go back several months. It may also depend on whether you both admit to the drug use and if help has been sought. You need to let your attorney know that you could fail. You do not want to create a situation that would require the state to step in and place the children outside of the home.
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May 07
2004

Ask a Lawyer: Support Issue

Posted by Dads Divorce in WA , Maintenance , Child Support , Child Support , Ask A Lawyer

Question:

My ex-wife is not working and using all the child support for her bills, cell phone ect. She oppeded out of spousal support and is not getting the kids new clothes, coats, or anything else. I feel that she is responsible for that since I am paying her. She has not worked a job yet and we have been divorced for over 1 1/2 years. I want custody and her to flip the lawyers bill since she is using the kids money for herself.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Washington. You can request an accounting of your child support if you truly feel that she is denying the children the necessities that your child support is meant to pay. Also you can request a transfer of custody if she is failing to provide your children the basic needs and is therefore neglecting them.
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Aug 07
2003

Ask a Lawyer: Child custody

Posted by Dads Divorce in WA , Maintenance , custody , Child Support , Ask A Lawyer

Question:

I had a baby to a man I have known for 3 years and we had broke up when the child was only 3 months old but I let the child go up to his house every Monday and Friday for a period of time. But now the father wants full custody of our child. Would he get full custody? Will he be aloud to see more of the child ?

Answer:

I am only licensed to practice in Indiana so I can only advise you generally on paternity law. As a general rule, when a child is born out of wedlock the father must establish paternity before he has any rights to the child. The means to establish paternity are going to vary from state to state. In most cases there must be a court order or signed acknowledgement of paternity by both parties. Once paternity is established, father will have the right to ask for custody or visitation with the child. The determination of custody is usually based on the best interest of the child. I cannot say how likely it is that he will be awarded custody but at the very least he will be awarded visitation rights. Most states have set visitation guidelines. I would search your state for either visitation or parenting time guidelines.
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