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.

Visitation During Divorce

During the chaos in the early stages of a divorce, the courts will be looking to maintain the stability of the children as best they can.  The courts will be looking to provide that stability by trying to determine which parent spent the most time with the children during the marriage (or relationship), and the strength and stability of the bond with each parent.  Of course, the parent should be mentally and emotionally stable, as well, to provide a secure home for the children.

The court does not know you or your children, so you will need to be ready to explain your relationship with the children, and, ideally, have long-standing friends and neighbors who can describe your parent-child relationships in written statements under oath.  "Reality" is reduced to a file of a few pages before your first hearing -- the "temporary order hearing" -- that will set the ground rules during the divorce.

Here at Mason Law, in Spokane, WA, we are accustomed to helping you gather these facts quickly and under pressure to assist you in getting the visitation with your children that will serve their best interests.  Call us at 509-443-3681 to help with your parenting plan hearings, and then, later, to help you get the best parenting plan at trial.

Let’s Begin the New Year with some Important Information.

Washington repealed its Non-Parental Custody Act (RCW 26.10), and as of December 31, 2020, orders final by that date shall remain in effect as final orders, but any pending case is automatically dismissed and must be re-filed under the new Guardianship Statute (RCW 11.130.185 and related statutes).

The key showing that must be made under the new statute is: “clear and convincing evidence” there is no parent of the minor child willing or able to perform “parenting functions.”

Parenting functions are all the ways in which one nurtures a child: feeding, clothing, loving, educating, and financially supporting.

Frankly, no one is sure where this new statute will lead, as statutes require years of court interpretation before the doctrines are clarified.  But Mason Law of Spokane, WA, has been through statutory changes before, and will go through them again.  If you have a grandchild, niece, nephew, or other child, whose parents cannot care for them, and you wish to step in, call Craig Mason of Mason Law in Spokane, WA, at 509-443-3681 to discuss the facts of your situation.

I Can’t Pass up that Job Opportunity.

What if you are faced with a chance to further your career, but it means moving out of the state of Washington with your minor child of whom you have primary care?  If an existing court order gives someone else any visitation rights at all, you must give that person notice of your plan to move with your child.  Understandably, they do not want to have their child move further way, and they have 30 days to start a court action by filing a formal objection to your relocation. (Even simply moving to another school district creates the right to a trial.)

Alternatively, maybe you are the parent who does not have primary placement, but you do have rights to time with the child under your parenting plan, and you are the one filing the objection to the relocation. You have a right to a trial that will occur on the basis of statutory factors (e.g., like relationship strength, relatives in the area, or unique needs of the child, among many factors). The parent with primary placement is “presumed” to be able to move, and the non-primary parent must “rebut” that presumption at trial, on the statutory factors.

Even parents with 50/50 parenting plans will have a relocation trial based upon those statutory factors (but without a presumption in favor of either parent).

The court must show that it has considered all of these factors, and your task at trial is to present evidence on those factors.  Here at Mason Law, in Spokane, WA, we help you present evidence on all the statutory factors to help lead the Washington State Family Court to a correct decision. Please give us a call at Mason Law today.  That number is (509) 443-3681.

Keeping your Family Together.

If your family has been disrupted by divorce, or a break-up between any pair of parents, in 2019, the underage children get caught in the middle. Washington State courts will probably give you substantial time with your children if you do not have behavioral, criminal, or drug problems.  So, hire a capable family attorney if your former significant other says: “I will take the kids from you.”

Legally speaking, it is in the best interests of the kids to be raised by both parents on terms that most match what went on before the break up, and that is what the court is required, by statute, to arrange.  Some attorneys will promise your angry ex-spouse that they can get "sole custody," and keep you from your children.  They may even try to convince the court that your presence is harmful to the children!

If your break-up or divorce takes this unfortunate turn, Spokane family lawyer, Craig Mason, routinely fights back against such outlandish, and damaging, attempts to keep you from your children.  He has years of experience in helping people just like you prepare and present the real facts, and in developing the relevant witness statements, to defeat such attempts to deprive you of participating in the lives of your children.  Call Spokane Family lawyer Craig Mason at (509) 443-3681.

So…You Think you have Already Worked Out your Divorce.

We all hear this from time to time, something like “we pretty much have everything worked out" or "we just need some help to finish the process." At Mason Law, they hope this is true, and if it is, then Mason Law is happy to facilitate final documents.

Often, however, one spouse, relying on unenforceable statements of the other spouse, signed away property to the other, or allowed the other to take large account with significant funds in it, as “their half,” and now that spouse suddenly wants more of what remains.

Or, worse, the spouse making false promises does the same thing regarding child support or parenting arrangements, and your early agreements now put you at a disadvantage. 

Worst of all, men appear belatedly at a law office, who have completed their own divorce, with final documents; and they gave away all equity to their home in lieu of having no child support. Having been served with a modification of child support, then they learn that a promise not to pay child support is unenforceable as against public policy.  Having given away his assets, this ex-husband now faces a post-divorce demand for child support.

There are ways to protect agreements, even equity for child support agreements, but proper legal steps must be taken. Mason Law has long helped Spokane area residents navigate through the formalities and technicalities of divorce law in the State of Washington.  Call (509) 443-3681.   

Is the Other Parent Trying to Get "Sole Custody" of your Children?

Your family has been disrupted by divorce and the kids are caught in the middle. If you do not have really significant behavioral, drug, or problems with crimes that implicate your ability to parent, Washington courts will give you substantial time with your children, even if your soon-to-be-ex is threatening you with "taking the kids from you."  That just will not happen unless you or the courts seriously misfire.

These days the law presumes that it is in the best interests to be raised by both parents, and that is what the court will arrange, unless something goes really wrong.  Some unscrupulous attorneys will promise your angry ex-spouse that they can get "sole custody" and keep you from your children, and they will ramp up hyper-aggressive allegations against you to try to show that your presence is actually harmful to the children.

Spokane family lawyer, Craig Mason, is accustomed to pushing back against these outlandish attempts to keep you from your children, and he has years of experience in helping people like you arrange the facts and witness statements to defeat such attempts to take you out of the lives of your children.

When you hire Attorney Mason and his staff to represent you in a Washington family court you can enter with confidence that you have excellent and effective council.  Make in introductory appointment at Mason Law located at W. 1707 Broadway in Spokane WA by calling (509) 443-3681. 

Mason Law Wishes You and Yours a Happy Holiday Season.

Christmastime is a wonderful time of year here in Spokane and Eastern Washington.  We hope that you and your family experience the joys of the holiday season.  We here at Mason Law including Craig, Lori, and his staff are looking forward to also experience the joy and beauty of December.

If you need us in 2019 we will be here for you.  The subject may be Family Law and its many topics including restraining orders, child custody, alimony, etc.  Perhaps you will need a personal injury lawyer.  If so, we will be here to serve those needs as well.  You may also note that Attorney Mason has achieved excellent results in criminal and contract law as well.

You can visit our website anytime at www.spokaneinjuryanddivorcelaw.com.  Therein lies the whole story of the areas of law that we successfully practice as well as some testimonials from area residents who have used our firm over the years to get a positive resolution to their issues.  Happy Holidays from Mason Law in Spokane Washington.

Back to School…But Where?

Sometimes a parent moves during the summer without thinking of the law, and other times a parent may move, or seek to move, to deliberately put distance between the children and the other parent. It is one of the possible byproducts of divorce and shared-custody that one parent wants to move with the children.  It is also possible that your children have moved to a new school district, or even out of state, without your consent. 

For many reasons, innocent or calculated, in our area, and throughout the State of Washington, a new school year can bring about a dramatic change that might require a legal response. 

The presumption that a child can be moved just because he or she is in the primary care of one of the parents can be rebutted by evidence presented on a variety of different statutory factors that a Washington family court must show it has considered.  This is very important information with which to be armed as to choose whether to accept or oppose a relocation of your children.

Do not let your children be moved away from you if you do not want to agree. Spokane divorce attorney Craig Mason has fought relocation issues for committed parents for many, many years.  He will fight for your child custody and visitation rights.  Please take a minute today and make an appointment to visit with Craig and his staff at the office located at West 1707 Broadway.  Call (509) 443-3681.

Let the Public Tell the Story.

In various industries such as plumbing, auto repair, medical, etc. word-of-mouth is vital in determining whom to hire to do work for you or your loved one.  It is never more vital than it is in the legal profession.  Hopefully, you won’t need an attorney very often, but when you do it’s extraordinarily comforting to know that others have said positive things about them.

These are some of the things that they are saying about Spokane Washington family attorney Craig Mason.  “I went to Craig and Lori for help regarding my divorce…I would…recommend Mason Law to anyone I know”.  And…”Craig's knowledge and extensive focus on details is precisely what…got my 2 children back with me where they belong”.

That is strong stuff!  It means that Craig and his team fight for your rights in a Washington Family Court as if your family was their family.  If you have family legal issue in Eastern Washington may we suggest the hard work and dedication of Mason Law located at 1707 West Broadway in Spokane.  Call (509) 443-3681.

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 Importance of Hiring the Right Family Law Attorney.

Your life is in turmoil and the decision on whom to hire as a family attorney is a very important one.  There are so many variables involved.  Maybe you are not married, but you want to establish the right plan for raising your kids.  Perhaps one of the parties involved has changed jobs and needs to relocate; moving the children is governed by very complex statutes.

Each side of these issues has its own version of the facts.  If you do not show up with equal intensity and proper representation you could get buried in a Washington State Family Court.  The court can only know what is in your court file.  The judges have no way to know what has not been presented to them.  The more clear, and less emotional, the factual presentation is, then the better for your case.  

Perhaps you will be too upset or anxious to clearly organize the facts the courts need for these vital decisions.  That is why people involved in divorce proceedings turn to Spokane family attorney Craig Mason.  Attorney Mason will represent your side with knowledge, energy, and above all, expertise in matters of Washington State family law.  Hire the right divorce attorney!  Arrange for a meeting at the Spokane office of Craig Mason by calling (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.