De Facto Parentage -- a Parent "in-fact"

Washington State has long had a common law pathway to be declared a "parent" of a child.  More recently, there is a statutory pathway, as well, as our legislature has recognized changes in the family form, and our statutes and courts are clear that a child can have "more than two" parents.  If you have a close relationship with a child and are in danger of losing visitation, here are the statutory elements for establishing that you are a de facto parent: (a) that you resided with the child as a member of the household for a significant period; (b) that you engaged in consistent caretaking of the child; (c) that you undertook full and permanent responsibility for the child without an expectation of financial compensation; (d) that people knew you had a parental role; (e) that you developed a bonded relationship with the child; (f) that one of the parents of the child supported you developing this relationship; and (g) that continuing your relationship is in the best interests of the child.

Here at Mason Law we have experience helping you to develop the facts for your case.  Call Craig Mason, in Spokane, WA, at 509.443.3681 for more assistance in protecting your relationship with a child to whom you have become a parent.

Guardian ad Litem

You might hear that a "Guardian ad Litem" (GAL) is being sought for your case, or you might request one.

A GAL has two roles:  (1) to be an objective fact finder for the court, and (2) to represent the child's voice.  Often courts appoint a GAL when the parents are in such high conflict that the court worries that the heated testimony will make it impossible for the court to get to the truth, or the court worries that the parents' have so much combat between them that one or both of them is not thinking well enough of the children's interest, and so the court needs the child's interests and wants to be before the court through the GAL.  The courts almost always appoint a GAL if there are signs of domestic violence or abuse.

The cost of the GAL is split by the percentage of income each parent's income is to their total income.  If the parents are low income and abuse is at issue, the county will pay some portion of the GAL appointment.  Some attorneys resist appointment of a GAL as they wish to manipulate what the "child wants" without any actual input from the child, but cost is the only reason not to have one appointed in a high conflict case.

Here at Mason Law, Attorney Craig Mason of Spokane, WA, is very accustomed to the process involved in appointing a GAL and following up on their work for settlement or trial.  For more information call 509.443.3681 or to www.spokaneinjuryanddivorcelaw.com

 

Non-parental custody/New Guardianship Statute

There is a new statute that replaces the non-parental custody ("3rd party custody") actions.   The new statute has created two causes of action -- emergency minor guardianship and minor guardianship.

The process is similar to the old non-parental action in that to initiate the action, you must show that neither parent is available or able to perform "parenting functions."  This could be due to abandonment, imprisonment, or incapacity -- often, as we know, due to drug use or simply love of life "on the street" (without responsibility).

If you are a relative, you do not need to pay the filing fee, which is an improvement on the old system.  There is also a streamlined process for getting the children attorneys, and for appointing a "court visitor" to do an initial investigation up front, and to appoint a guardian ad litem.  The children over the age of 12 must be served with your petition, and the older children have more "voice" in the process.

Frankly, the courts are still working their way through the new statute, but Craig Mason of Mason Law has taken most courses he can find on the new statute, and he is reading and re-reading the new statute as he works on the cases he has taken under the new statute.  If you need to intervene because the parents of children you care about cannot perform their parenting functions, or if you are a parent who has recovered your ability and willingness to parent, contact Mason Law of Spokane, WA, at 509.443.3681.

What is CIR?

After people have had a bad divorce experience, they often think, "I'll never get married again."  However, they then co-habitat with someone, and are shocked to discover that they are subject to a "CIR" (committed, intimate relationship) suit upon breaking up with a person after a period of years, and the court can find that they have a "community" of sorts and distribute the property they accumulated during the relationship.

Other names for a CIR include:  "Meretricious Relationship" and "Equity Relationship."

The best way to avoid a CIR is to explicitly form a separate property agreement at the beginning of the relationship.

Here at Mason Law, we have prosecuted CIR cases, defended CIR cases, and drafted property agreements -- prenuptial, post-nuptial, and separate property agreements. We can help keep you out of trouble, or get you out of trouble once you are in it.  Craig Mason of Mason Law and staff are ready to help, in Spokane, WA and Eastern Washington generally. 509.443.3681

Parenting Plans

Sometimes divorcing parents get so involved in speaking ill of each other, that they (and their attorneys) overlook the factors considered by the court that are all about the children - and not about the parents' emotions.

The court will look at "the best interests" of the child.  If you left the children at home to go to church, to go fishing, or to go have an affair, the court does not care which it was.  (This is the meaning of "no-fault" divorce.)  The issue is only how much love and energy you put into the children

The court wants to know who has the strongest and most stable relationship with the child.  Who has nurtured the child?  Who has gone to the school to get lessons and made sure the child did his/her lessons?  Who has fed the child healthy meals?

And what does the child need now, and into the future, to grow and thrive?

If the child is sufficiently mature, the court might "take into account" the child's wishes, but no matter how old the child gets, the court is the decision-maker (not the child), and the court will look at which parent's home will best serve the child's growth and development.  There are some other factors, as well, but the focus remains on: Which parent has put in the time and effort to help the child grow?  If both parents have done so nearly equally, and have similar work schedules, then 50/50 plans are much more common in recent years.

Here at Mason Law we help you get beyond the irrelevant things you might want to say in pain and anger, and we help you focus on what the court needs to know about the best interests of your children. Contact Craig Mason at Mason Law at 509-443-3681 in Spokane, WA.

Non-Parental Actions are No More in Washington.

The legislature has just repealed the non-parental custody statute (RCW 26.10) and has moved similar actions under the Guardianship Statute (RCW 11.130).

If you are concerned about the well-being of a child, the facts you must provide to the court to become the guardian of the child are similar to those necessary under the old statute.

The legal standard is that no parent of the minor is willing or able to exercise parenting functions.  Parenting functions are defined as the ability and willingness to feed, clothe, care for, educate and protect the child.

The new statute also has complicated how and when the state must provide an attorney to the child or to parents who might lose their children. 

Here at Mason Law, Craig Mason has seen cases through many changes in statutes and case law over the years, and he can help you negotiate these new legal standards.  Call Mason Law, Spokane, WA, at 509.443.3681 if you need help becoming the guardian of a child. 

Buy a Personal Computer to Save Money

It might sound strange that spending money will save you money, but it will.

In the “recent old days” people had a flip phone and a good computer, which meant that they used email, they could read documents easily, and they could write complete rough drafts and fill out family law forms in rough draft to be edited by attorneys.  They saved their lawyers’ time, which saved the clients’ money.  Punctuation was more common; capitalization was used, and thoughts were more complete, even in the rough drafts.

Gradually phones became ever more powerful and expensive, and people quit buying personal computers, using their phones as their only computers. Now, they might have trouble reading documents, and instead of a complete rough draft in response to the other side’s documents, numerous texts might be sent, without capitalization or punctuation as an“email” from their phones. This ends up costing the clients money, as their lawyers need more time to put together, and make presentable for the courts, what is sent.

Here is my advice:  While we at Mason Law are happy to piece together your statements, and do it all the time, we want your legal bill to be as low as possible, and time is our inventory. Time is money.  You will be money ahead in your divorce or parenting plan action to buy a low-cost personal computer, with word-processing and email capacity, and a cheap printer. Help us help you save money.  But no matter what, call Mason Law in Spokane, WA, at  (509) 443-3681 for all your family law needs.

Family Law Temporary Orders

When your divorce or parenting plan case is first filed it is often nearly a year until trial.

Between filing the case and getting a final outcome by trial or agreement, there must be an interim court order to regulate financial and parenting issues.  These orders are called “temporary orders.”

Temporary order hearings are almost always on paper filings only (without testimony) and so you must prepare sworn statements of witnesses with personal knowledge of your parenting history, and file documents to give the court a snapshot of your current financial situation. Often, these statements and documents must be compiled within in only days, in a rush to a temporary order hearing.

Mason Law of Spokane can help you prepare for these hearings and follow the complex court procedures to get your position and facts before the court.  You will find them on the web at spokaneinjuryanddivorcelaw.com or call them at (509) 443-3681 for a consultation at their office located at West 1707 Broadway in Spokane.