Washington Recent Legal Answers from Lawyers

Your wife can't serve you. A third party has to. The court after a year may well have thrown it out for lack of service. You can call the court (or go there in person) and ask for copies of what has been filed. You'll have to pay the copy fees. However, that still would not constitute service.... Read Answer

You can file a petition to modify child support under the old cause number, and ask that support be continued (although the law says and I assume your order does too) that basic support lasts until the child turns 18 or graduates from high school whichever is last. In that petition you can ask for post secondary support as long as it is filed before the child graduates.... Read Answer

If the child's father is willing to relinquish his rights as you say, he can do a voluntary termination of rights in the context of an adoption, once the adoption is filed. In every adoption, a home study has to be done prior to the adoption being finalized. You should see an attorney to do the adoption. The home study may be a bit problematic since you are not married to the potential adoptive father, making the relationship somewhat less stable. It will lead to a fair number of questions by the social worker as to why you're not married if you've lived together all these years. So be prepared.... Read Answer

The question is was he ever declared to be your legal father in a court of law. This would be the case if there was a child support order or a parenting plan or some a custody order. In the absence of any such legal determination, some states allow a post mortem paternity test. All of that assumes of course, that he did not leave a will, name you as his child and then leave you nothing. If he did, then you get nothing as all that is required is that he name you.... Read Answer

You have an interest in a portion of the equity in the house for the period of your cohabitation as well as the marriage, but only for that portion that is held in his name and not his mother's. You don't say where the down payment or the mortgage came from, your husband (in which case a portion is yours) or his mother (which is neither yours not his). You should immediately file for dissolution or legal separation so you can establish who gets to stay in the house and establish child support and possibly maintenance (WA word for alimony). It's more complex than whose name is on the title to the house.... Read Answer

If the other tenant was given a notice but you were not, then any attempts by your landlord to evict you should be ineffective. The Washington Residential Landlord Tenant Act is specific on service of notices to terminate a tenancy, and all tenants must be given a notice. For example, a landlord must give a copy to a husband and wife, not just one. In your case, you each have distinct rental agreements as well, so that would also require that you receive your own notice if there was any attempt to evict you as well. You can also always call you landlord to confirm that you are not being asked to vacate.... Read Answer

If you are already separated you could file for a legal separation. I assume he continues to support you. If not, you can certainly go to court if you file either a legal separation or divorce, and get maintenance (the WA word for alimony). You are also entitled to a portion (at least half) of all the family assets including his retirement, etc. You don't say why he is wanting a divorce now, but it seems unnecessarily mean spirited under the circumstances. You also don't say how old the children are. He has a duty of support if they are still in high school or in college and under 23. You should talk to a lawyer.... Read Answer

First, he would have to prove (with a DNA test) that he is the father, unless your daughter agrees under oath that he is. He would have to pay for the test. If he is the biological father, he can ask to time to see the child. However, if he files, she is also free to file for child support. She can also file and get an order for child support without asking for a parenting plan. Depending on what he is criminally charged with, he will likely get to have some time with the child, although it would probably start out with supervised time. It sounds like the mother would like him to have a relationship with the child (why else would she be encouraging him to see the baby). Custody is WA is for purposes of other States and the federal government. It has nothing to do with who actually has time with the child or decision making authority. Both of these are determined by the parenting plan. Unless she has major issues (mental health, criminal) no one will deprive her of the child. The father, if he goes through with all of the above, will get some time with the child.... Read Answer

You don't say if you and the father are married. If you are, you both have equal rights to the child. That said you can file a habeas corpus action for unlawful withholding of the child. If you are not married and have not been in court to establish a parenting plan, the father has no right to see the child and you can file a parentage action (if he's not on the birth certificate), a restraining order and a habeas corpus action. You will need to provide as much information as possible about his possible wherabouts (relatives, friends, etc and their addresses) to help with the search. I suggest you get a lawyer. This is all complicated.... Read Answer

You need to retain a personal injury attorney. This case is to complex for you to handle on your own. It is very likely that your demand will exceed their policy limits and you will need to sue to get the remainder. In addition, one does not get into settlement discussions when there is still ongoing medical treatment. Once you settle, any future medical needs will be your responsibility to pay. Good luck.... Read Answer

If the parents are married to each other part of the divorce is the creation of a parenting plan dividing time with the child. If the parents are not married a parentage action has to establish the father as a legal father after which a parenting plan is created. Unless there are specific reasons why a parent can't have contact with a child (e.g. s/he has abused the child) each parent gets some contact. In WA custody within a parenting plan is relevant only for federal issues and other states. If the parents are unmarried and there is no court action the mother has custody as the father is not a legal father until the court has established him as such.... Read Answer