Raj Bains (Federal Way Family Law Attorney)

Monday, January 30, 2017

Washington State Family Law & Divorce: Non-Parental (Third Party) Custody; Grandparents Rights

Non-parental custody actions are brought when third parties (people other than the actual parents) seek custody of minor children where either both parents are unfit, or where the children have been voluntarily placed with a third party by the parents.

Before a non-parental custody case can proceed, a party seeking nonparental custody is required to establish "adequate cause" for the petition. This is often referred to as a "threshold requirement". On January 19, 2017, the Washington State Supreme Court set forth that before a trial on the merits of a non-parental custody petition, a litigant must satisfy the threshold requirement of "adequate cause" by showing that the biological parent is either unfit or that placing the child in the parent's custody would result in actual detriment to the growth and development. If the court finds that there is not adequate cause to proceed with the case, the case will be dismissed. If the court finds that there is adequate cause, temporary orders may be entered, a parenting investigation may occur and the case will proceed to trial if it is not resolved by way of settlement.

A common misperception is that Washington State allows for grandparent's rights or third party visitation. However, there is no right to grandparent or third party visitation as the law has been interpreted, and as such, grandparents or other third parties are given the option of seeking custody or nothing at all.

Non-parental custody cases are usually an emergent action for children in danger. Often in the case of grandparents, a difficult practical and emotional balance must be struck. Grandparents do not want to act as "parents" again, but feel that they have to step in to help their grandchildren. If this is the situation, it is important to know that there is a statute that permits you to save your grandchildren. Since there is no such thing as grandparent or third party visitation in Washington State, and the fact that there is an adequate cause/threshold requirement that must be met in order for the litigation to proceed forward, it is very important to prepare the case thoroughly before filing a petition for non-parental custody.

Family law litigation, including non-parental custody actions, can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of non-parental custody actions and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your divorce.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.

Friday, January 27, 2017

Washington State Family Law & Divorce: Anti Harassment Protection Order

January 27, 2017 – Bains Law Firm

Family law litigation often involves the need for protection of property or from the other party, or restraints to govern behavior moving forward. There are several different types of protection and restraining orders, including Restraining Order, Domestic Violence Protection Order, Sexual Assault Protection Order and Anti-Harassment Protection Order.

Anti Harassment Protection Order: Sometimes people need a protection order from unlawful harassment which means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. Such conduct would cause a reasonable person to suffer substantial emotional distress, or when the course of conduct would cause a reasonable parent to fear for the well-being of their child.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of divorce and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your divorce.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.

Wednesday, January 25, 2017

Washington State Family Law & Divorce: Sexual Assault Protection Order

January 25, 2017 – Bains Law Firm

Sexual Assault Protection Order: Protection orders in Sexual Assault cases generally involve situations where nonconsensual sexual conduct or nonconsensual penetration is alleged to have occurred. Much of the protection available in a Domestic Violence Protection Order is available to victims seeking a Sexual Assault Protection Order. Commonly, litigants are under the age of 16, and sexual assault protection orders address transfers of schools when the parties are students.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.

Monday, January 23, 2017

Washington State Family Law & Divorce: Domestic Violence Protection Order

January 23, 2017 – Bains Law Firm

Domestic Violence Protection Order: Protection orders in Domestic Violence cases generally involve parties who were married, in a dating relationship, domestic partners, cohabitants or relatives of some kind. Victims of domestic violence can obtain protection from future physical harm, threats, stalking (including cyberstalking), being kept under surveillance and having no contact with the other party. Protection can also include exclusive use of a residence and keeping the responding party away from the home, workplace and school. A common misperception is that some sort of assault or arrest has had to take recently place, which is not necessary to obtain a domestic violence protection order.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.

Friday, January 20, 2017

Washington State Family Law & Divorce: Protection and Restraining Orders

January 20, 2017 – Bains Law Firm

Restraining Order: Many divorce cases involve the use of restraints, whether it be personal or financial restraints. Personal restraints often include requirements not to disturb the peace, stay from a parties home or workplace or in the case of children, from school or daycare. Personal restraints can also include provisions not to threaten and may even include a surrender of weapons to law enforcement. Financial restraints may include requirements not to dispose of property (i.e., selling off assets) and not to change insurance entitlements or beneficiaries. Lastly, when it comes to concerns about children, a restraint may be entered requiring that the parties not leave the State of Washington with the children. Many of these restraints in divorce cases are often made mutual to protect both parties.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.

Thursday, January 19, 2017

Washington State Family Law & Divorce: Child Support

January 19, 2017 – Bains Law Firm

Child custody and child support can be contentious aspects of a divorce with children. Parents should be concerned for the wellbeing and security of their children. This includes being able to provide for their basic needs. The Court will determine which parent should pay child support and will calculate how much the parent should pay. The amount of child support the parent will pay is determined by consideration of a few factors.

The factors for consideration may include each parent’s gross income, allowable deductions from gross income, custody and parenting plan, and child support payments for children from other relationships. If a parent does not have an income, the court may assign a value to determine the child support obligation.

The divorce process can be emotionally difficult and complex. Child support can be an important aspect of a divorce. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of divorce and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your divorce.

Wednesday, January 18, 2017

Washington State Family Law & Divorce: Spousal Maintenance

January 18, 2017 – Bains Law Firm

Spousal maintenance (also called alimony or spousal support) can be ordered when one spouse has a real need and the other spouse has the ability to pay. Spousal maintenance can be awarded as part of temporary relief, prior to trial or the finalization of your case. The Court will consider the following factors when considering whether to award maintenance:

· Length of the marriage;

· Education level of the parties;

· Employment histories of the parties;

· Age of the parties;

· Physical and emotional condition of the parties;

· If the party is receiving child support; and

· The standard of living established during the marriage.

The Court will also consider the financial resources of the party seeking the maintenance as well as the ability of the spouse from whom maintenance is sought to meet his or her needs and financial obligation.

The divorce process can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of divorce and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your divorce.

Friday, January 13, 2017

Washington State Family Law & Divorce: 90-Day Waiting Period & Temporary Relief

January 11, 2017 – Bains Law Firm

After filing a Petition for divorce, a 90-day waiting period must elapse before final divorce orders can be entered. The 90-day period starts from when the Petition is filed with the Court or when Service has occurred; whichever occurs last. Your divorce will not be automatically finalized after the 90-day period has ended. To finalize the divorce the parties will need to come to an agreement and sign papers, or a default must be entered, or a trial must take place where the judge will decide the issues. Finalizing the divorce may require you to appear in Court, even if the parties are in agreement.

Before a divorce can be finalized, temporary relief from the Court may be needed. The relief can include a temporary parenting plan, child support, spousal support, restraining orders, who pays what bills, who lives where, or attorney fees. These temporary orders will determine how the parties proceed until the finalization of the divorce.

Friday, January 6, 2017

Washington State Family Law & Divorce: Parenting Plan

January 6, 2017 – Bains Law Firm

In a divorce with minor children, both spouses need to consider the importance of creating a parenting plan. A parenting plan will determine how much time each spouse spends with the children. A parenting plan will also determine who has primary custody, where the children live, and where the children spend the holidays. The plan can set forth who is responsible for transportation and other major decisions. A parenting plan, once signed by the court, will determine how the parents will be co-parenting after the divorce.

The primary caregiver is the parent who will have the children most of the time. The Court decides, who will be the primary caregiver, based on what is in the best interest of the child. The best interest of the child is a legal standard that the Court follows, consisting of many factors.

When making decisions about how to draft a parenting plan, consider the implications of each decision. Every family is different and the needs of each family differ as well. Both spouses should consider a reasonable parenting plan not only suitable for their needs but that which serves the best interest of the child.

Divorce with minor children can be emotionally difficult and decisions about a parenting plan can affect you for many years. We have years of experience helping our clients through the difficulty of divorce and creating a suitable parenting plan. Contact us today at (253) 838 – 3377 or email at Office@bainslawfirm.com, to talk about your divorce or need to create a parenting plan.

Thursday, January 5, 2017

Washington State Family Law & Divorce: A Few Basics

January 5, 2017 – Bains Law Firm

The Petition: A divorce action is started by filing a Summons and Petition for divorce with the Court and serving copies on the other party (spouse). Filing a Petition requests that the Court dissolve the marriage, divide the property and debts, or additionally establish a parenting plan and support as necessary. This first step is necessary for the Court to grant you a divorce.

Final Divorce Order (Dissolution Decree): The final divorce order is the final document granting a dissolution of the marriage and sets forth the final terms for all issue of the marriage; such as property, debts, residence with the children, etc. Before the final divorce order can be granted, 90 days must pass from the time the petition was filed. There are three ways a final divorce order can be granted after the 90-day period has passed.

1. A default is entered against the other party who has failed to respond.

2. The parties have reached an agreement and have signed the final papers.

3. The parties have gone to trial and a judge made a ruling and entered the decree.

The divorce process can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of divorce and can help you through the process. Contact us today at (253) 838 – 3377 or email at Office@bainslawfirm.com, to talk about your divorce.