Family Law Lawyer Gig Harbor, WA
If you have questions about termination of parental rights in Washington, please schedule a confidential consultation with an experienced family law lawyer Gig Harbor, WA residents trust. Consultations do not obligate you to take legal action. Instead, they allow potential clients to ask questions. The process of terminating someone’s parental rights is a serious and sensitive subject. We will treat you and your family with the utmost respect as we help you to understand your legal options and determine the best way forward for any children who may be affected by this process either way.
Terminating Established Parental Rights
Generally, parental rights may only be terminated voluntarily or in the event that one or both of a child’s parents are deemed unfit to care for that child. With that said, every case is different. It is therefore important to speak with an experienced Gig Harbor, WA family law lawyer before making any assumptions about your specific situation.
Generally speaking, if a parent does not wish to terminate their rights voluntarily, the court must be presented with significant evidence that the parent in question has truly failed to provide for their child financially, emotionally, and/or practically. This is a tough standard to meet, as the court generally recognizes a parent’s rights if at all possible. Taking away a parent’s rights is a permanent and very sensitive scenario. However, if a child has been abandoned, subject to severe abuse or neglect, the parent’s severe mental illness renders them incapable of parenting, etc. the court may be left with no other choice than to terminate that parent’s rights. The “best interests of the child” standard, which is the standard applied in child custody determinations, is applied in parental rights termination matters as well.
Child Custody Guidance Is Available
If you have questions about the process of terminating parental rights, please consider scheduling a consultation with the experienced Washington legal team at Robinson & Hadeed today. Speaking with us does not obligate you to take any action whatsoever. Speaking with an attorney will simply allow you to seek answers to the questions you have and allow you the ability to voice your concerns to professionals with experience in this area of law. If you then determine that you could benefit from additional legal support and/or guidance, we can speak about our approach to representation.
The process of terminating parental rights is a serious one. We aim to treat this subject with the greatest of care. Please do not hesitate to reach out at your earliest convenience in order to speak with us about the details of your situation. Once we better understand your needs, our Gig Harbor, WA family law lawyer team will be able to advise you of your legal options and direct you towards relevant resources accordingly.
It is possible for ex-spouses to have a reasonably good relationship with one another; in fact, it is not unheard of for parents to actually get along better after a divorce. Unfortunately, parents in this situation may put off a divorce modification, thinking that it is better to not rock the boat. Yet, what happens when one party suddenly decides to strictly adhere to “the papers” for a good reason, bad reason, or no reason at all? For instance, job relocation? The result may be months of costly litigation which could have easily been avoided by filing a modification action. If you find yourself in this situation, a family law lawyer Gig Harbor, WA clients recommend can help.
Child Support Modification
In most cases, Child support payments must be paid until the youngest child of a marriage turns 18 and has graduated high school. The amount is set at the time of divorce. However, life happens, and a person’s income may increase or decrease for various reasons. Legally, to change the amount of child support, there must be a significant change in circumstances for either one or both of the parents. So, what exactly type of circumstances would qualify?
“Substantial change in circumstances” is a case-by-case determination. Some examples include a change in income of the paying parent, such as a layoff or a job promotion. Changes in the child’s circumstances, such an increase in medical or daycare expenses, may also qualify. The change must be permanent, or at least very long-term, and cannot be one that was anticipated at the time of the prior order.
Keep in mind, however, there are circumstances where the court will most likely deny a request for a support modification. For example, a judge will not consider a claim based on intentional underemployment — for example, a corporate CEO who quits a lucrative job to become a janitor.
There are other circumstances where child support may be modified. A family law lawyer in Gig Harbor, WA can help determine if your case qualifies for a modification.
All of these decisions are based on the best interests of the children. To make that determination, the court may consider the following:
- Substantial change in circumstances: A similar analysis to that used in support modifications applies here.
- Request of child over 12 years of age: The older the child, the more weight the judge is likely to give to the preference; many courts appoint a guardian or attorney ad litem in these cases as well.
- Abuse: In these cases, the moving party must prove that the children are in danger due to a parent or their living environment or that the parent abandoned the children.
Due to relocations and other life events, most custody provisions need to be modified once every three years, at a minimum.
Call Our Office for Legal Assistance
A modification action can avoid costly litigation later. To schedule a consultation with an experienced Gig Harbor, WA family law lawyer, please contact Robinson & Hadeed today.