JOIN HANIS IRVINE PROTHERO IN CELEBRATING THEIR 10th ANNIVERSARY!
WHEN: Saturday August 17th from 7:00pm until midnight
WHERE: Mick Kelly’s Irish Pub at Riverbend Golf Course
LIVE MUSIC from THE STILL GOT IT BAND
Hors D’Ouvres and Appetizers
No-Host Bar
But bring a food or clothing donation for the KENT FOOD BANK and have a drink on HIP!
Who should get custody? Thinking about the Children in Divorce or Paternity Matters
Disputes over custody are complex and can be very emotional, especially when children are involved. Understandably, parents will often over-simplify the situation with questions like: “Will the court give me custody? The children want to live with me. They tell me this all the time.” Unfortunately, custody disputes are not that simple. The court must rule in the “best interest” of the child(ren). Determining their “best interest” is left to the discretion of the court.
Public policy, the law, and the courts want children to foster relationships with both parents. Yet, the number of people asking about sole custody is astonishing. The court does not regularly award sole custody, which is generally viewed as not in the best interests of the child.
RCW 26.09.191 covers factors that the court will consider in deciding to limit the noncustodial parent’s time with the children. Factors include: a) willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (b) physical, sexual, or a pattern of emotional abuse of a child; or (c) a history of acts of domestic violence or an assault or sexual assault which causes grievous bodily harm or the fear of such harm. Legal interpretation is required to fully understand the application to specific cases.
Family law disputes tend to put one party’s word against the other party’s. Therefore, one must have concrete facts and evidence to support claims against the opposing party. To sort out the discrepancies between conflicting stories, the court may order the placement of a Guardian Ad Litem (GAL). A GAL is an individual appointed by the court to represent the best interests of the child. The GAL will conduct an investigation and recommend actions for the court to take in the best interests of the child. The court will give the report as much evidentiary weight as it sees fit. From my experience, the GAL reports weigh heavily on the courts final decision.
I hope this information provides some context on the complex process of custody disputes. Many family disputes can be resolved if the parties keep their emotions in check and take into account how they want their children to know how they handled their differences. Resolution by the involved parties is the best case solution in family law cases. Resolution by lawyers and judges acting in the best interests of the child but who have limited knowledge of a particular family’s history can provide suboptimal outcomes.
As I said earlier, disputes over custody are complex and can be very emotional. The legal process in court and the drafting and entering of pleadings can be an intricate process. If you are faced with these issues, I recommend that you consult with an experienced family law attorney to determine the best course of action.
Jorge Ramos is a family law attorney with the Kent law firm of Hanis Irvine Prothero, PLLC. He can be reached at (253) 520-5000 or by email at jramos@hiplawfirm.com.
Mark Albertson recently left the practice of law and accepted a position as a Trust and Estate Planning Officer. This is a great opportunity for Mark where he will teach estate planning workshops and consult with financial advisors. Mark has been a great leader in the estate planning field for many years and will continue to be a great resource to the attorneys at HIP Law. With this change, Patrick Hanis will lead the Estate Planning department, with fellow attorneys Brian Hanis and Dennis Shanlian. We expect the transition to be as seamless as possible. Mark left with these words, “It is with mixed emotions that I go. I have enjoyed working with you and all of my clients, and I will miss you all. Additionally, Hanis Irvine Prothero has been a wonderful place to work. The attorneys here are incredibly competent and caring people with the highest ethical standards. I will miss working with everyone here.” We look forward to continuing to assist you with your Estate Planning, Probate, or other legal needs. Please contact Patrick Hanis or his assistant, Steven Bash, with any questions.
JULY 21, 2013 – HANIS IRVINE PROTHERO legal assistants Katherine Brennan and Sean Prothero competed in the 2013 Seafair Triathlon. Both achieved their personal best times in the event which consists of a ½ mile swim, 12 mile bike, and 5K run. Sean completed the course in 1:34:04 and Katherine finished in 2:04:36. Great effort. HIP is proud of you! Congratulations!
HIP friends Andrea Keikkala, Executive Director of the Kent Chamber of Commerce, and State Representative Dave Upthegrove, also competed in the event. Dave competed with his father, John, who is blind.
John – you are an inspiration to everyone! Way to go!
June 21, 2013 – Hanis Irvine Prothero partner Mark Prothero joined a group of criminal justice professionals in presenting at the 3rd Annual Boy Scout Law Merit Badge event. The day-long event was held at the Maleng Regional Justice Center and Kent Commons. Boy Scouts from throughout the area heard from a broad spectrum of people involved in all aspects of the United States criminal justice system to help earn their merit badges. Other presenters included Kent Police officers, court administrators, investigators, attorneys John Casey, Kevin Jussell, Steven Weier, and King County Senior Deputy Prosecuting Attorney Rich Anderson. The boy scouts also heard from several King County Superior Court judges, including Brian Gain, LeRoy McCullough, James Cayce, Andrea Darvas, Carol Shapira, Suzanne Parisien, and Bill Bowman. Mark’s presentation was entitled “Criminal Justice: Defending the Accused” examining our constitutional rights from the perspective of a defense lawyer. The event was organized by attorney Jennifer Rydberg, who said it was “…the third and best law merit badge event, a whopping success.”
