Parenting and Visitation

Parenting and Visitation:


For many parents, their time with their children is often uncertain and difficult to enforce. Although the Parenting Plan in each case should spell out the details of visitation rights for the whole year, often it is so outdated that neither parent has followed the Parenting Plan for years.

If parents fail to follow the Parenting Plan for long enough, it can become unenforceable. This leaves the parents with no easy way to define and enforce their visitation rights. I have often seen people that feel as though they have no control over holidays, special occasions, vacations, etc. It can become impossible to plan anything, because you never know if the other parent will withdraw their consent at the last minute.

It is usually easy enough to get a court to bring your Parenting Plan up to date. Even if the parents are unable to agree on a visitation schedule, a court can order a Parenting Plan that assures you of your time with your children.

It is hurtful to the child and the parent when contact is uncertain, and it is difficult or impossible to plan any events. The prospect of going back to court can seem distasteful, but the damage being done to your relationship with your child can last a lifetime. This problem can be fixed, and the end result can be a significant improvement for both you and your children.

Actions That Make A Difference

In the past , the no phone/no text law while driving was a secondary offense and said that a driver that is violating the text messaging or cell phone law may not be pulled over and ticketed unless they are committing a primary driving offense such as speeding or running a stop sign.

Now that the Governor has signed Senate Bill 6345 into law both text messaging and cell phone use without a hands free device while driving becomes a primary offense. This gives an officer of the law the ability to ticket a driver based solely on the observation of text messaging or illegal cell phone use.
In addition, Instruction Permit and Intermediate License holders will be prohibited from any cell phone use while driving with the usual exceptions for emergency situations. The fine for the offense is $124.

Since 2008, nearly 6,000 people died in crashes that involved distracted driving. Distracted driving applies to anything that takes your eyes off the road, your hands off the steering wheel, or interrupts your concentration while driving. It's no surprise that America's adults are busy communicators.  We're tethered to our jobs even when we're not at work. We're making sure our kids and grandkids are where they're supposed to be. We're trying to manage our households, keep up with our friends, and arrange our schedules. Texting and talking on a cell phone make all of this possible.

Adults may be the ones sounding the alarm on the dangers of distracted driving, but they don't always set the best example themselves. Pew's Internet & American Life Project survey indicates that 58% of adults send or read text messages, and close to half (47%) of those people say they do so while they drive. That means that 28% of US adults admit to texting behind the wheel. Yet, 26% of US drivers aged 16 or 17 report texting while driving. Sure, that's only an overall difference of 2%, but as adults we are supposed to know better.

Young drivers are especially at risk. Young drivers are at risk of distracted driving—especially men and women under 20 years of age. Their lack of driving experience can contribute to critical misjudgments if they become distracted. Not surprisingly, they text more than any other age group and the numbers of young drivers who text are only increasing.

Everyone has a role. We all have a stake in solving this problem and we can all be a part of the solution. We must put our phones down; be a good example to our children, peers, and our community.

Lawyer in the House: is there any such thing as a "minor" criminal charge?

Lawyer in the House: is there any such thing as a "minor" criminal charge?

is there any such thing as a "minor" criminal charge?

Any attorney who spends time in courts that handle “minor” criminal charges will tell you that the vast majority of defendants are there without legal representation. Often the attitude of these people is that this is really no big deal, and that they plan on handling the charge on their own.

Regardless of the criminal charge, it is important to have legal counsel. A criminal conviction, whether DUI, assault, theft, reckless driving, etc., can remain on your record for the rest of your life. This kind of conviction can prevent you from getting into the school you want, getting the job you need, and can cost you a significant increase in insurance premiums. It is a big deal, and ignoring the issue or treating it as a minor inconvenience can be a mistake that can last many years.

A well qualified attorney can often obtain a result that keeps the charge off your record. The best way to ensure a positive result is to have someone represent you that knows the court and has experience with your criminal charge. At a minimum, you can usually get a free consultation with an experienced attorney in your area. The more you know, the better the chance of getting a positive outcome.

Relocating with a minor child

Planning a move with a minor child?

New job, new home, new life? If you are thinking about moving out of your home, and you have a minor child, you may need to think about getting the court’s permission to move. For over 10 years, Washington has required that almost any move of a child, when the parents are not together, may require compliance with a modestly complex new law.

If you are looking to move outside of your child’s current school district, in most cases, you will need to give at least 60 days notice to any person who is legally entitled to visitation with the child. Even if you plan to move within the same school district, the relocating person must provide actual notice to any person who has court ordered visitation with the child. There are exceptions, but it is important to note that if you do not comply with this law, the court can require the child be returned – which could result in a change in custody. (You can take a look at this law in RCW 26.09.430-.480).

If the other parent does not agree to the relocation, the process can take a long time to resolve. The law does provide for a temporary approval for a relocation, but this approval is not always granted. It would make sense to speak with an attorney who regularly does this kind of work as far in advance as possible. This way you can plan your steps, and not be forced to loose important opportunities the relocation might bring!

Graduation & Post Secondary Education.....What do these have in common?

I was just yesterday reminded of how many people are just about to miss a possibly life altering deadline. A lady called and asked about getting help with her child’s college costs. Her son was graduating in two weeks from high school, and he was already accepted at Central. The financial aid was not enough to cover tuition, fees, books, and room and board. She need the boy’s father to “kick in”, but he was unwilling to commit. What could she do?

Well, under most child support orders, these people had just two weeks to start the legal process necessary to get the help with post-secondary costs. In most cases, the graduation date is the “drop dead” date to ask a court to make a ruling on this subject. Sure, there are exceptions, but I don’t see them very often.

The hard fact is, if you want to be sure that both parents will contribute for college, trade school, etc. You need to take action today! If you wait too long, you may loose the right to get the help you and your child need.

A little prior planning can go a long way.....

If you are getting married this Summer, the last thing you may be thinking about is what will happen if you eventually get divorced. It really does seem so illogical to be thinking about failure at a time like this, but maybe you should. A significant number of marriages end in divorce, and a little prior planning can go a long ways toward protecting you and your fiancé.


Maybe it just takes the right attitude to make this kind of advance planning make sense. It is true that your wedding is a very important and romantic time, and neither of you want to do anything to damage the mood. How about trying this – When you purchase a home or a car do you get insurance? Sure you do. You don’t expect to wreck your new car or burn down your home, but it would be foolish to just assume these things never happen.

With your marriage, what better time to work out how things will be divided than when you are in love? What better time to make these critical decisions than when both of you only what to do what is best for each other? Even the best people can have a hard time putting the negative feelings behind them when they are getting a divorce, but, if these decisions were made when your feelings for each other were positive, you would have a much healthier breakup.

On a practical level, the cost of a pre-nuptial agreement is far less than a contested divorce. The end result is much more likely to be based on your love for each other, than a desire to get revenge. Overall, the end result is more likely to allow both parties to move on with their lives in a positive and healthy direction. Taking the time to discuss this alternative now should be part of your future plans – act now, before the wedding.