Parenting Plans can sometimes be frustrating....

How can I have my children with me more of the time?


This is a common question, but the answer is often pretty complicated. When the original Parenting Plan is entered with the court, many parents believe that they can have it changed when ever they want. In fact, it can be very difficult to make major changes in a Parenting Plan. Unless appropriate action is taken, you may be stuck with an out dated and inappropriate Parenting Plan.

Shifting where your children live the majority of the time is a complex process. Even making relatively minor changes in the visitation schedule can be difficult to accomplish. Without experienced legal assistance, getting the changes you want in your Parenting Plan can be both frustrating and unlikely to be successful.

Planning for the changes you desire are best done prior to the school year. Once a child is back in school, it is even harder to get a court to consider a significant modification of the Parenting Plan. There are actions you can take to enhance your prospects of success in any modification action. Now is an excellent time to meet with a family law attorney and discuss your plans.

Summer Time Blues?

Local law enforcement has been cracking down on drinking and operating a motor vehicle or boat. Pierce County just announced over 50 DUI arrests this past holiday weekend.

If you have been stopped for drinking and operation of a motor vehicle, now is the time to take action. With many courts in our area, you might not be immediately charged with the criminal offense. In King County it is not unusual to wait 3, 4, or 5 months before you are formally charged with the DUI.

Even if you have not yet been charged, you are at immediate risk of losing your license. You have a very limited period to challenge the DOL ( Dept. of License) suspension of your license after you are pulled over. Waiting for the criminal charge can mean at least a 90 suspension of your license.

In addition, much can be done to prepare for the criminal charge. A significant delay from the date you are stopped to the date you are charged with the crime can impact your ability to defend against the eventual charge. At a minimum, get a free consultation to learn what your rights are, and what actions need to be taken now.  Call our law office at 253-239-3178  to discuss your situation.

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!