Seattle Attorneys Blog

DUI Attorney Mark Blair Receives Training on Washington’s New Breath Test Machine

June 21, 2014 | by Blair & Kim, PLLC

Attorney Mark Blair is committed to providing Blair & Kim, PLLC’s clients with the best possible legal representation. To achieve this, he regularly attends continuing legal education courses and legal seminars that expand his skills in the areas of DUI law and criminal defense. Although he has already earned a proven record of success defending clients charged for driving under the influence, Attorney Blair chose to familiarize himself with Washington’s newest breath test device – the DRAEGER 9510

In May, Mark attended a seminar conducted by the Washington Foundation for Criminal Justice that focused entirely on the state’s latest breath test machine. The seminar covered all aspects of the device, which law enforcement agencies in Seattle and the entire state will be using to test the blood alcohol content (BAC) of motorists suspected of drunk driving.

The seminar program consisted of an intensive course that trained attendees on the entire operation of the device, including basics of infrared spectroscopy and electrochemical analysis. The seminar also featured discussions comparing old equipment to the new machine, the various physiological aspects that affect breath alcohol monitoring, chemical interferants, and mouth alcohol.

Postsecondary Education Expenses – 3 Considerations

June 20, 2014 | by Blair & Kim, PLLC

Parents of high school students planning on heading to college or technical school after high school often spend part of their summer looking at colleges, or helping kids prepare for the SATs. Parents may also spend some of their time planning on (or worrying about) how they will pay for their children’s education. For a parent of a high school student not married to child’s other parent, there is also the consideration of how to share the cost of the child’s education with the other parent.

A parent may choose to ask that the court require the other parent to contribute to the child’s educational expenses. If the parent is considering doing so, he or she should do the following:

Review RCW 26.19.090. This statute provides the things the court will consider when determining whether postsecondary support should be awarded. It is a good starting point for anyone considering requesting postsecondary support.
Gather Information and Documentation. After your review of RCW 26.19.090 is complete, you should start to gather documents that could help you prove that your child is intending to and capable of attending an accredited school, and that the child is dependent on you and the other parent. You will also want to gather documentation and information relating to any of the factors discussed in RCW 26.19.090(1).
Consider the Timing. If your child is not yet applied to any post-secondary school, it may be difficult for the court to determine the costs to be apportioned. It may be best to wait until your child has made a decision about what to do after high school. However, it is very important that you seek postsecondary support prior to the order of child support terminating. In most cases, child support ends when the child turns 18 or graduates from high school, whichever is later. You must file your action for postsecondary support prior to that event occuring.

It is generally in your best interest to discuss your likelihood of success in a postsecondary case with a qualified attorney prior to filing anything with the court. If you live in the Seattle area, and have any questions regarding family law, we would be happy to speak with you.

Attorney Mark Blair Completes DUI Training Course

June 17, 2014 | by Blair & Kim, PLLC

Seattle DUI Attorney Mark Blair – one of Blair & Kim, PLLC’s founding attorneys – has dedicated his professional career to protecting the rights, freedoms, and futures of clients facing criminal charges. As a former prosecutor, Attorney Blair understands how the “other side” thinks – an attribute that often proves beneficial for our firm’s clients. In an effort to gain a further understanding of the tactics used by law enforcement officers who administer DUI stops and tests, Attorney Blair recently completed the DWI Detection and Standardized Field Sobriety Testing Student Course.

The three-day DUI course – which is conducted by the National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP) is the same course officers must complete in order to arrest drivers for DUI and administer Standardized Field Sobriety Tests.

By earning his Certificate of Training, Attorney Blair was able to gain a precise understanding of the procedures officers must adhere to when administering tests to DUI suspects. With this knowledge, he is better equipped to identify mistakes made by law enforcement officers, which can be used to fight charges against his clients.

Summer Residential Schedules

June 15, 2014 | by Blair & Kim, PLLC

Summer vacation has already started for many Washington children, and will be starting soon for the rest. For children of unmarried parents, this often means a change in their residential schedule. During the summer, kids may be spending more time with the non-primary residential parent at his or her home, or they may be vacationing with one or both parents. This can also mean changes in childcare and extracurricular activities.

Parenting plans can help families plan how summer break will be handled. Some families choose to have summer schedules that mimic their school year residential schedules. This is most common in families where both parents are local, and both parents work during the summer. For these families it can make the most sense to have the school year schedule continue year-round. This avoids unnecessary changes for the children and maintains frequent contact with both parents throughout the year.

Other unmarried parents have plans that schedule the children to reside the majority of the summer with a parent living far away from the child’s usual residence. This allows the children to have substantial time with the non-local parent without missing school or compromising their extracurricular schedule. It can be difficult for the child to be away from the primary residential parent. Frequent communication between the primary residential parent and the child should be encouraged.

Three Washington Laws Every Divorcing Person Should Consider

June 7, 2014 | by Blair & Kim, PLLC

If you are contemplating or experiencing a divorce, it is important that you are aware of Washington State Laws and how they might affect your divorce proceedings. Here are three laws that you should review and why they might be important to your case. This is just a brief look at Washington laws, and an attorney can assist you with a more in-depth review.

RCW 26.09.080 – This statute is important because it provides some of the factors that the court will look to when determining how marital property will be divided. The list of factors is not an exclusive list, and the court will consider other relevant factors not listed within the statute.
RCW 26.09.090 – This statute provides the factors the court will consider when determining whether to award spousal maintenance (commonly known as alimony). These factors are also used to determine how much maintenance to order, and for what duration maintenance should be ordered.
RCW 26.09.187 – In dissolution cases involving children, this can be the most important statute of all. Paragraph 3 of the statute provides the factors the court must consider when determining the proper residential schedule for the children. The statute requires that courts give the first factor the greatest weight.

If you would like to speak with a Seattle area divorce attorney, please contact us. We would be happy to discuss these laws and all others that might impact your case and your life.

Stepparent Adoption

June 1, 2014 | by Blair & Kim, PLLC

In some blended families, stepparents take on the role of a primary parent. In these cases, the stepparent and his or her spouse often want to protect that stepparent’s relationship with the child. If the child’s other parent is willing (and sometimes even when they are unwilling), some stepparents choose to adopt the stepchild as their own. Stepparent adoptions are usually simpler and quicker than other adoptions. That said, all adoptions have significant emotional and financial implications, and all issues should be considered prior to deciding whether stepparent adoption is right for your family.

To accomplish a stepparent adoption, the child’s relationship with one of his or her biological parents must be legally terminated. In most stepparent adoptions, this is done by consent of the biological parent, but can also be done if the biological parent’s rights are terminated involuntarily. If the child is over 14 years of age, the child’s consent will be required for the adoption to proceed. See RCW 26.33.160(1)(c). While a pre-placement report will not be required in most stepparent adoption cases, a post-placement report is always required. RCW 26.33.220. After the post-placement adoption is completed, a hearing can be noted to enter the final decree of adoption. After the stepparent adoption, the adopted parent (formerly stepparent) will have the same rights to the child as any adoptive parent would. Should the biological and adoptive parent every end their marriage, the adoptive parent will retain parental rights to his or her adopted child.

If you are considering a stepparent adoption, or if your child’s other parent is requesting that you permit their spouse to adopt your child, you should speak with a family law attorney about your options. We would be honored if you chose to contact us.

De Facto Parentage

May 30, 2014 | by Blair & Kim, PLLC

De facto parentage is an area of law that few people outside of the family law community know about. It is a common law remedy for adults who have taken on the role of parent in a child’s life, without being a biological or adoptive parent to the child.

Certain circumstances have to have occurred in order for a de facto parentage relationship to have existed. Most importantly, an adult (often a person in a relationship with the child’s parent) is invited into the child’s life, and is encouraged by one or both of the parents to act as a parent to the child. Sometimes the adult invited into the child’s life is not ever excluded and the child and adult enjoy the benefits of their relationship without interruption.

Unfortunately, sometimes things don’t go as smoothly, and the child’s legal parent decides to exclude the other parent-like adult from the child’s life. In these cases (assuming that the child has at least one fit and available parent), Washington statutes will not provide a remedy for the person seeking to continue his or her relationship with the child. Fortunately for people in these circumstances, they may be able to protect their relationship with the child by qualifying as a de facto parent under the common law. To qualify as a de facto parent, the person must have (1) taken on a parenting role in the life of the child with the permission of one of the child’s parents; (2) lived in the same household as the child; (3) not expected financial compensation for having a parent-like relationship with the child; and (4) continued the adult/child relationship over a length of time sufficient to have established a bonded parental-like relationship with the child.

June 30, 2014 – What Will It Mean for State Registered Domestic Partners in Washington

May 24, 2014 | by Blair & Kim, PLLC

When it passed, Referendum 74 made same-sex marriage legal in Washington State. Along with providing equal rights to marriage to same-sex couples, this referendum changed domestic partnership law. After June 30, 2014, pursuant to RCW 26.60.030, to enter a state registered domestic partnership two people must meet the following requirements:

They must share a common residence;
Both must be over 18, and one must be at least 62 years of age;

What Happens When a Parent Doesn’t Follow the Parenting Plan

May 15, 2014 | by Blair & Kim, PLLC

Most parenting plans are not strictly followed all of the time. In fact, some parenting plans contain provisions for times when the parents may agree to not follow parts of the parenting plan (in which case their behavior is not a violation at all). Many times, the failure to follow the parenting plan is by agreement of both parties, and in the best interest of the kids. For example, if the child becomes ill during one parent’s residential time with the child, the parents may agree that the child should remain with that parent, rather than having to move to the other parent’s house (in compliance with the parenting plan’s residential schedule) while ill.

In most cases, and especially when done by agreement of the parties, violations of the parenting plan are never addressed by attorneys or the court. However, in circumstances where one party violates the parenting plan without the agreement of the other party, and the violations are frequent and/or serious, a parent may need to ask the court to enforce the parenting plan on their behalf. Here are some options for a parent dealing with the other parent’s noncompliance:

Do nothing. As stated previously, a parent may always choose to do nothing. If the violation does not bother you or your child, you do not have to do anything. (If the parent chooses to do nothing, they do risk that they could later be found to have acquiesced to the change in the parenting plan, providing the other party a case for modification.)
Seek the assistance of a lawyer who can draft a demand letter. In some cases, a firmly written letter to the other party demanding their compliance with the plan is enough to end the violations.
File a motion for a modification. If you believe these violations of the parenting plan create grounds for a modification (this is an issue that should be discussed with an attorney), you may file for a modification of the parenting plan. The modification should seek to end the violation of the parenting plan.
File a motion for contempt. If a motion for contempt is granted the court will have the ability to redress the violation. The court may order the violating parent to provide the other party with make-up time with the child. It may order that visitation be temporarily suspended. The court may also order the violating parent to pay the other parent’s attorney fees.

Please note, if you ever feel that you or your child’s safety is in immediate danger call the police and seek their assistance.

Who’s to Blame? Does it Matter?

May 2, 2014 | by Blair & Kim, PLLC

In some states determining whose fault it is that the marriage ends is a necessary part of the dissolution process. However, in Washington it is unnecessary to show who is to blame. A divorce may be ordered by the court without establishing that one party is at fault. In the majority of cases fault is also irrelevant to the property division, order of child support, and the parenting plan. There are, however, some circumstances when the behavior of one party during the marriage can affect the dissolution proceedings:

Parenting – A spouse who acts in a way that could threaten the health or welfare of the children should be aware that his or her behavior could affect the parenting plan. If the divorce was caused by one parent being abusive, using drugs, or otherwise living in a way that could compromise the safety and/or security of the children, then who is at fault in the divorce may become relevant.
Property – In limited circumstances, a party’s behavior during marriage can affect the property distribution and/or spousal maintenance. If it is found that one spouse used marital assets in a way that had no chance of benefiting the community the court may consider this when dividing assets. In determining spousal maintenance, the court may look at the behavior of the spouses during marriage.
Child Support – It is unlikely that the court will consider spousal fault in determining child support. However, if the spouses divorce because of one spouse’s failure to contribute to the family finances, this may become relevant to determining child support. In most cases, the parents’ income determines child support. In circumstances where one parent is unemployed or underemployed, the court has to set a child support level based on an imputed income.

It is important that you discuss with your attorney the reason that you and your spouse are divorcing. While it will not determine whether you can get divorced in Washington, it may impact other areas of your dissolution case.

Please contact us if you’d like to set an appointment.