Hold on…That’s my Kid too.

It happens often.  A marriage breaks up and now the kid(s) will live primarily with one of the former spouses.  Now, what happens when that divorcee wants to move out of town to pursue other interests?  Well, obviously your child will be involved in that move as well and you may become estranged from your own child.

More often than not, it is fathers who face this situation. Did you know that three out of four mothers with custody move within four years of separation or divorce?  The reasons why don’t matter so much.  They vary widely, from employment, to being closer to family, to moving in or with a new lover.

Stop…that is my kid too!  You have the right to fight against relocation of your children.  If you have ceased civil communication with your ex, then it is time to seek the advice and counsel of Spokane area family lawyer Craig Mason.  Attorney Mason has been dealing with child custody cases in Eastern Washington for decades.  Call his office right away at (509) 443-3681.

The Proper Focus for Court on Initial Custody Hearings.

In family law court, a bad thing is that there is a lot of perjury.  Many parents want to "win" so badly that they lie under oath to try to achieve it.  A good thing is that such a lie might be the first, second, or third time that parent has told a lie to a judge or commissioner, but it is the 1000th time that the judicial officer has heard a similar lie.  And so it is harder to get away with lying than the dishonest person thinks.

However, "truth" does not exist in court, only "evidence" exists in court.  Your facts for your argument -- indeed, your "life," as it applies to your case -- is boiled down into a thin file of written documents that will be the basis for decision.  Remember, your "life," as the judge sees it, is just the file.  And so preparing your facts is what is important, and what you want are the facts to show your parenting history, your bond with your children, and your financial situation.

"Bashing" the other parent is largely useless, short of the other parent being a child-abusing heroin addict. (And it hurts you to falsely allege such a thing.)  Instead, you must present carefully supported facts that show that you have spent your life serving the best interests of your children, and that you will continue to do so. 

Attorney Mason is very experienced in helping you present what actually matters to the court decisions.  Do not get misled by animosity or attorneys who inflame it.  Keep your focus on the best interests of the children.  Call Spokane family lawyer Craig Mason for a consultation today at (509) 443-3681.

Relocation after Divorce.

Even if you have had a custody arrangement that has worked for years, it is possible that the parent with primary placement has a job opportunity, or a re-marriage opportunity, that is just too good to pass up.

If you are going to move with the child, you must provide a Notice of Relocation to the other parent, and if you learn that the other parent is going to move, and you oppose the move, you must file and Objection to Relocation.

Washington courts presume that they will allow the parent with the child the majority of the time (“primary placement”) to move with the child, unless the relocation can be “rebutted” by showing harm to the child from the move. Any objection must “rebut” the presumption that the parent can move on the basis of statutory factors that address the harm to the child from removing the child from an established environment and from established relationships.

Such a life-altering step for you and your minor child needs careful thought and superb representation.  There are many and varied statutory factors that the court must consider before making such a ruling.  For many years, Craig has been representing parents in litigating the factors to allow, or to prevent, a relocation of the children. Go into court with veteran Spokane child relocation attorney Craig Mason.  Call him today at (509) 443-3681.

De Facto Parentage

Have you taken over the role of a parent for a child, perhaps in a marriage in which the other parent was absent or unfit, and now you are divorcing and fear losing contact with your step-children?  Or have parents simply abandoned some children with you for years, leaving you to bond with them, and now a parent has returned and wishes to end your role in the children’s lives?  You might seek a de facto parentage action.

In Washington, the four factors the court will evaluate are:

(1)  Did the biological parent or legal guardian of the child foster this parent-like relationship?

(2)  Did you and the children live together in the same household?

(3)  Did you assume the obligations of parenthood without expectation of financial compensation (ruling out most foster parents). 

(4)  Did you parent the children long enough to form a strong, bonded, dependent, and parent-like relationship?

If so, then the court may protect your rights to visitation with these children. 

For this complex matter, contact Craig Mason of Mason law at 509-443-3681 for a consultation to protect the hearts, souls and well-being of these children to whom you have given so much.

Hiring the Right Family Attorney.

Family law often involves too much conflict and litigation, whether it is a divorce or unmarried parents establishing a parenting plan, or adjusting child support to changing incomes.  As long as the attorneys on both sides do their jobs, the court is likely to apply the statutes and case law in a very predictable way. 

If the other party begins intensely litigating to put “their” facts before the court, then you must respond with equal intensity to put your facts before the court.  As long as each side does their job getting their facts to the court, then you are right back to where you began, getting the same decision you would have gotten before the intense litigation began.

This is why so many family law clients appreciate Craig Mason as their family law attorney.  Mr. Mason seeks amicable resolution as his first approach to his cases, and he often finds creative ways to formulate agreements that meet the needs of both parties.  However, if the other party, or the opposing attorney, insist upon intense litigation and a “war over the facts,” Craig Mason will work very hard to help you present the documents and witnesses you need to make sure your side of the story is told, so that the court can make a fair decision.

Parenting Plans on the Holidays

Hopefully everyone got along for the holidays, and all the visitation happened as it was supposed to under your parenting plan.  If the other parent was not cooperative, you are to be congratulated for waiting until after the holidays to seek relief in the courts.  It is very hard to be cheated out of parenting time, and it is even more emotionally freighted during the holidays.

If you do need to file a contempt of court (or defend against an unjustified attempt to hold you in contempt), remember that a contempt of court is a willful violation of a court order, without good excuse.  Most court orders are plainly worded, and so the violation is clear.  Next, the good excuse and willfulness elements interact most of the time.  Perhaps someone accidentally violated the parenting plan, but that is not likely.  More likely, the person violating the order thinks he or she has a good excuse, and the other side thinks the violation was simply a willful desire for the violator to get their way, despite the court orders.

Spokane Washington family attorney Craig Mason will sit down with you to explore these contempt issues.  Mr. Mason has years of experience in bringing and defending contempt actions.  You want and need an experienced representative who knows his way around Spokane County family court.  Give him a call to set up your initial consultation at (509) 443-3681.

Child Support Modifications

Child support orders can be an afterthought after a dissolution in which the parenting plan was the focus of the litigation.  Sometimes they can be unfair, and a party will seek to modify the child support order as soon as the law allows.  Other times, there can be a substantial change in the financial condition of one parent or the other, perhaps even immediately after the decree was entered.

In Washington, either parent can petition to modify child support at any time (even immediately after final orders in the dissolution) if there has been a substantial change in circumstances.  Otherwise, after a year, there is no need to show a substantial change in circumstances if the order is working a “severe hardship” on either party or the child, or if the child has moved into a new age category (or if post-secondary support – college support – is now requested).  After two years, either parent may modify the child support order simply due to changes in the incomes of either parent, or if the economic tables used to calculate support have changed.  (This type of change in child support may only be sought every two years, at the soonest.)

To negotiate the complexities of pursuing, or defending, a child support modification, contact Craig Mason of Mason Law in Spokane, WA at 509-443-3681.

A Parenting Plan Agreeable to Both Parties.

What is the worst part of the divorce process?  Almost everyone would agree that it is making plans for the proper parenting of your minor children.  They are the innocents in this conflict and their needs should always be paramount.  If one parent or another fights for custody just because they think that they deserve to “win,” the losers will be the kids.

Here are some rules to live by when deciding on joint custody -

1.  It’s not all about you.  Be an adult and do what is best for the children.

2. Assess, honestly, your own schedule and the commitments that you have in your daily life, and do not try to take more time with the children in court orders than you actually have time to give them.

3.  Just because you don’t want to be with your spouse anymore doesn’t make him or her a bad parent.

4.  Keep the lines of communication open, and remember that your spouse is as stressed as you are.  Give each other room to make some mistakes without responding with aggression.

5.  Don’t speak poorly about your ex…to anyone in this cyber age...and never speak poorly of your former spouse in front of the children.

No one wants the boys and girls that you have been raising together to have any more angst than is inevitable, despite your best efforts.  For the proper representation in all matters of family law contact Craig Mason.  Attorney Mason is a strong, experienced child custody attorney in Spokane, WA.  Please call him for a consultation at his office at (509) 443-3681.

Relocation after Divorce.

Even if you have had a custody arrangement that has worked for years, it is possible that the parent with primary placement has a job opportunity, or a re-marriage opportunity, that is just too good to pass up.  If you are going to move with the child, you must provide a Notice of Relocation to the other parent, and if you learn that the other parent is going to move, and you oppose the move, you must file an Objection to Relocation. 

Washington courts presume that they will allow the parent with the child the majority of the time (“primary placement”) to move with the child, unless the relocation can be “rebutted” by showing harm to the child from the move. Any objection must “rebut” the presumption that the parent can move on the basis of statutory factors that address the harm to the child from removing the child from an established environment and from established relationships.

Such a life-altering step for you and your minor child needs careful thought and superb representation.  There are many and varied statutory factors that the court must consider before making such a ruling. 

For many years, Craig Mason has been representing parents in litigating the factors to allow, or to prevent, a relocation of the children. Go into court with veteran Spokane child relocation attorney Craig Mason.  Call him today at (509) 443-3681.

Protecting the Children During a Divorce.

In a divorce, unfortunately, the parents can quarrel over the children, and sometimes a party who was not involved with the children during the marriage falsely claims to have been the “primary parent” as a tactic in litigation. 

The statutes look to who has performed “parenting functions” during the marriage. To determine the “primary parent,” the court will look to: (a) who maintained consistent, loving and stable relationships with the children, focused on nurturing them; (b) who attended to the daily needs of the children, from feeding and supervising the children, to taking them to the doctor and daycare, to things like helping them brush their teeth each night; (c) who showed concern for the proper education of the child; (d) who helped the children learn to socially interact in age-appropriate ways; (e) who showed consistent concern for the children’s welfare; and (f) who undertook the labor to support the child.

Remember, the only facts before the court are the facts you (and your attorney) bring to the court.  You will want to gather sworn statements from witnesses who have seen you perform these parenting functions.

If it is time for you to seek assistance in marshaling these facts, contact Spokane Attorney, Craig A. Mason, at 509-443-3681, W. 1707 Broadway, Spokane, WA.

What is Non-parental Custody?

Non-parental custody (third party custody) is simply defined when the child or children do not remain with either of their natural, biological parents, but rather custody is awarded to a third person.  Usually there are two reasons for this to occur, parents are unavailable or are unfit.  For example, either (a) The biological parents refuse to take custody of their natural children, or are unfit parents due to things like drug use, or (b) the parents are simply incapable of caring for their children because of injury or illness.

The reasons why a court may award custody to a non-parental adult are several.  Among them may be the recognition that abuse has occurred that is caused by, or allowed to occur, by biological parents.  They may be subjected to substance abuse by their parents.  They also may have been deemed to have been abandoned.  The non-parent is often a grandparent, but may be anyone with an interest in the well-being of the children.

There are constitutional presumptions in favor of the biological parent.  For a difficult situation such as this you need aggressive representation on whichever side of the issue you may fall.  If you live in Eastern Washington, contact Spokane child custody attorney Craig Mason today at (509) 443-3681, and find out how he can assist you.

Planning Child Custody after Divorce.

Many divorced parents are facing the task of raising one or more of the lives that they created, to adulthood.  While the divorced parents may even be relieved that the union has ended, the children are often feeling loss, and even more so feeling the pains of uncertainty.  We know your children are the most important people in your lives.

Co-parenting is the official policy of Washington State.  Craig Mason will work to facilitate that policy, and he defends your right to parent if it is under attack.  Mr. Mason will use mediation, and the courts when necessary, to work out cooperative parenting.

However, sometimes cooperation fails.  If one of parents has become harmful to a child, whether through physical abuse or parental alienation, then a psychological evaluation may be in order for that harmful spouse.  In some cases co-parenting may not be the best suggestion, and a supervised visitation schedule may be more appropriate.  This is why it is important to hire a family lawyer in Spokane who knows how to aggressively fight for the proper evaluation of your former spouse, and of any harm that spouse is causing.

Craig Mason is just such an attorney.  If the other parent is trying to unjustifiably limit your time, or if significant restrictions on that parent are actually merited by the facts, Attorney Mason will fight for your right to discover that.  The main focus of course is co-parenting, but you need a strong Eastern Washington divorce lawyer on your team.  Contact Craig Mason today at (509) 443-3681 and find out how he can help you.