Seattle Attorneys Blog

The Marital Presumption in Washington State (and how it relates to Kanye West and Kim Kardashian)

January 5, 2013 | by Blair & Kim, PLLC

While this blog generally focuses on family law issues facing typical Washington families, every so often a matter facing a not-so-typical family provides an opportunity to discuss a topic that may affect families reading this blog. As many have heard (It’s even being discussed on CNN:http://marquee.blogs.cnn.com/2013/01/03/in-cali-kris-humphries-is-the-presumed-dad-of-kim-k-s-baby/), Kim Kardashian and Kanye West are having a baby together. Meanwhile, Kardashian’s marriage to Kris Humphries is not yet dissolved. According to the article linked above, California has a marital presumption that presumes a husband (or a recently divorced former-husband) of a pregnant woman is the father of that woman’s child. As such, under California law (again, according to this article), Kris Humphries will be the presumed father of Kanye West’s baby. In addition to being terrific tabloid fodder, this also gives this blog a chance to comment on the marital presumption in Washington.

In Washington RCW 26.25.116 provides a similar marital presumption: It states that in the context of marriage or domestic partnership, a person is presumed to be a parent if he or she is married or in a domiestic partnership with the mother or father of the child and the child is born during the marriage or domestic partnership or within 300 days of its dissolution. RCW 26.25.116(1)(a)&(b). It likely comes as a surprise to many outside the legal field that the presumption (i.e. the starting point for determination of paternity) is based on marital status not DNA. RCW 26.25.116(3) goes on to state that the presumption may be overcome only with the adjudication of paternity under RCW 26.26.500 through 26.26.630. Importantly, this may leave a person who is not the biological parent of a child responsible for providing support for the child until his or her paternity can be disproven. Also important to note, there are time limits on when this presumption may be disputed.

The main reason for this presumption is efficiency. In most cases, the spouse or domestic partner of a parent of a child born during (or soon after) a marriage is the child’s other parent. As such, the presumption allows the state to determine paternity of the child without the need for blood tests or litigation. That said, there are situations like the West/Kardashian pregnancy noted above, in which the results elude our notions of common sense and determinations of paternity are not easily made.

Gray Divorce

December 28, 2012 | by Blair & Kim, PLLC

In the article “Navigating the Gray Divorce with Dignity,” attorney Andrea Vacca, discusses the increase in what she refers to as “gray” divorces and the issues facing clients in this type of divorce. Gray divorces, Vacca explains, are divorces between people age 50 and over. Vacca says that while overall divorce rates have declined, gray divorces have increased. She also says that many of her clients in gray divorces are facing different and unique issues compared to their younger counterparts.

We share Vacca’s experience that clients divorcing after the age of fifty encounter different issues than those divorcing in their twenties, thirties or forties. Instead, of worrying about child support and parenting plans, many people over fifty are most concerned about their financial futures. People of this age have less time to recover from financial loss prior to retirement age, and/or may be facing the prospect of living on a fixed income. In these circumstances, it is especially important to think about how to best prepare financially for life as a single person. Divorce does not have to mean financial ruin. We are prepared to help you through this process and will do our best to ensure your financial security.

We also share Vacca’s experience regarding the increased interest in alternative dispute resolution among older divorcing spouses. For many of our clients there are many options for avoiding court. We are committed to providing you the personalized advice and representation you need. If you want to avoid protracted litigation and costly legal battles we will use whatever means possible to achieve your goals.

Alternative Methods of Communication

December 27, 2012 | by Blair & Kim, PLLC

Lawyers are often quoted encouraging their clients to “get things in writing.” In a recent New York Times article, “Kramer.com vs. Kramer.com,” Pamela Paul uses a similar directive for divorced parents: Paul advises that parents use emails and texts in the place of verbal communication. In family law, as Paul explains, electronic communication can serve multiple purposes. First, it creates a record of the conversation not available through in-person or telephone conversations (Beware, both you and your former spouse will have a written record of these conversations!). Second, it can reduce the emotions and outbursts that can accompany a real-time conversation. Third, it can all happen outside the eyes and ears of your children – relieving them from the stress of watching mom and dad argue (often about them).

If you think that post-divorce communication will be difficult for you and your spouse and/or children’s parent, please talk to our divorce attorneys about communication strategies that can be used to protect your legal position, your emotions, and, most importantly, your kids.

Parenting Plan Holidays

December 16, 2012 | by Blair & Kim, PLLC

With the holidays approaching, parents considering divorce may be wondering what holidays with their children could look like post-separation. While specifics should be discussed with an attorney, there is general information that might resolve some questions.

The Washington State parenting plan form includes the following holidays: New Year’s Day, Martin Luther King Day, Presidents’ Day, Memorial Day, July 4th, Labor Day, Veterans’ Day, Thanksgiving Day, Christmas Eve and Christmas Day. The form provides just a starting point. Many families decide to add more holidays (ex. Easter, Hanukkah, New Year’s Eve, Halloween) and/or subtract some of the holidays (ex. Presidents’ Day, Veterans’ Day) already included.

The pattern form asks that parties provide where the children will reside during each of the holidays. It also asks that parties provide the time that the holidays will begin and end. In making this decision, it is important to consider the ages of the children, important times for the family during the holiday, and plans of extended family during holidays. Many families choose to have most holidays last from morning at around 9:00 a.m. until 8:00 p.m. Then, many families choose to include exceptions to this general rule. For example, many make the Fourth of July an overnight and/or ask that Thanksgiving begin after school on Wednesday and last until Sunday. There isn’t a right or wrong way to handle holidays in your parenting plan, as long as your holiday schedule works for both parties and the children. We would be happy to help you draft a parenting plan that will keep your holidays as happy as possible.

New Efforts Taken in Drug Treatment

December 13, 2012 | by Blair & Kim, PLLC

In the state of Washington, drug crimes can come with a high cost for a suspect that is convicted by the court. Penalties can cost thousands in fines, years behind bars and more. Those found guilty can have their life changed by the sentencing that they are given. These crimes in the past have been handled by the state courts however; some crimes that are committed can break federal laws and will be tried in a different court. The federal court in Seattle is experimenting with their tactics for trying and prosecuting these crimes. They are taking a page from the state courts which use specialized drug programs as a part of their system. This new development gained some assistance being pushed through from the U.S. District Judge Ricardo S. Martinez. He also has been involved with developing the treatment plan and what will be required of those that become a part of the program.

It is aimed at those that have less severe charges that committed their crimes out of an addiction to the drug, rather than committing the crime for the mere profit of it. They will have to have no prior sexual or violent offenses in their past, no mental health problems that are uncontrollable and no more than two felonies in order to be eligible. The federal court is commonly thought to only deal with the higher up cases but this will give them influence in rehabilitating convicted individuals. In order to avoid the harsher penalties of a conviction, the individual that is found guilty will need to agree to enter in to the program which will generally run between a year or two. This may benefit them greatly to avoid jail time or higher fines and to enter back in to society. It is expected that the program will start off small and focus on about 10 individuals in the first year. When charged with a crime the best option is to fight against the penalties but in some cases there may be options that can be explored in the negotiations process. Work with a caring Seattle criminal lawyer from our firm to learn more.

How Not to Communicate With Your Children After Divorce

December 12, 2012 | by Blair & Kim, PLLC

Divorced parents are often advised on ways to connect with their children after divorce. This recent article from helpguide.org is no different: it provides some time-tested ways to connect with your kids. This type of article can be very helpful when a parent is feeling their parent-child communication strained. However, a less talked about, less written about topic is what not to talk about with your kids during or after your divorce proceedings. Often, is it just as important to not say the wrong things as it is to say the right things.

One example of how not to communicate with your children is to use them as a messenger between you and your ex. This is especially true when the messages you are asking to be conveyed involve a contentious issue. When parents do this the child has to carry the stress of worrying about whatever reaction your ex may have or letting you down by failing to deliver the message. Instead, if possible, communicate with your spouse directly (in writing if necessary).

Another (unfortunately) common mistake parents make is to have conversations with other people regarding the status of their divorce, or how terrible their ex is, within the hearing distance of their children. As every parent who has let a swear word slip out under their breath knows, kids hear everything we say – especially when we don’t want them to hear it. The minute they hear you say your ex’s name, their little ears zero in. As such, keep your vent sessions limited to times when the child is residing with the other parent, or when you can have a babysitter and head out with a friend or adult family member.

Preparing for Divorce: The Importance of Financial Knowledge

November 27, 2012 | by Blair & Kim, PLLC

In almost every divorce, financial information is exchanged between the parties. Whether it be informally listing assets and debts and dividing them between spouses, or a more involved and organized discovery process whereby account statements, financial declarations, professional valuations, interrogatories, etc. are exchanged, or a process somewhere in-between, it is an important to know enough about your financial circumstances that you are able to make a sound decision.

In our experience, most cases necessitate, as a bare minimum, a financial declaration to be submitted by both parties. This document requires parties to describe their expenses, debts, and assets, in six pages. When asked to fill out a financial declaration or just answer some preliminary financial questions, clients are often surprised how little they know about their current financial situation. In many marriages, a couple delegates to one spouse or the other responsibility for paying bills, investing for retirement, purchasing life insurance, filing taxes, etc. When this occurs, the party not delegated to do these tasks is often left (albeit usually unintentionally) in the dark regarding finances. In these cases, it becomes especially important for us to use various discovery methods that become available after a petition is filed to discover the information the in-the-dark client is missing.

However, there are things that can be done prior to the petition even being filed that can help a person anticipating dissolution of their marriage. First, look at the financial declaration and start taking notice (and taking notes) of the requested information each month. Second, speak with a family law attorney regarding the best way to prepare yourself financially for the filing (or receiving service) of a petition for dissolution (be sure to tell your attorney if you are afraid that the other party may try and hide assets if/when a petition is filed). Your family law attorney will also help you design a discovery plan based on your financial circumstances. Third, if your financial acuity is lacking, find a way to give yourself a quick financial education. There are many websites that provide explanations for financial terms, types of assets and accounts, etc. The more you know about your financial situation the better prepared you will be to make educated decisions regarding your financial future. Our family law attorneys are ready to assist you in this process.

Connecting With Your Children: How a Personalized Parenting Plan Can Help

November 20, 2012 | by Blair & Kim, PLLC

In a recent article, “How to Connect With School-Aged Children When You’re Separated or Divorced,” in The Huffington Post’s divorce section, Naomi E. Goldstein, Ph.D. discusses the difficulty and importance of connecting with children after divorce. In that article, she posits that it is especially difficult for divorced parents to connect with children as they enter elementary and middle school years. As family law attorneys, we have had firsthand experience helping our clients, with children of all ages, maintain their parent/child connections in the face of a changing family structure.

In fact, it is our understanding of this difficult reality that drives us to draft parenting plans that are as personalized as possible. As part of our process, we encourage our clients to think about ways they connected with their children prior to separation. Then we strategize how those ways may be maintained or even expanded through a well-drafted, personalized, parenting plan. For example, if you bond with your kids by coaching or watching their sporting events, but you are not the primary parent, we might draft a plan with provisions allowing for you to coach or watch events during the other parent’s residential time with the child. Or, if you have a special tradition (ex. a yearly camping trip the first weekend after school releases for the summer) we might draft a plan that allows you and your child to continue your yearly ritual.

In the absence of extenuating circumstances, maintaining a connected parent/child relationship with both parents should be the goal of drafting a parenting plan. Parenting plans are not one size fits all. Let us help you make a parenting plan that keeps you and your children connected.

The Walk-and-Turn Test

October 8, 2012 | by Blair & Kim, PLLC

The National Highway Traffic Safety Administration uses a few tests that are known as the Standardized Field Sobriety Tests. These have been reviewed and developed for the purpose of assessing which drivers are under the influence of alcohol while operating a vehicle. The NHTSA has given their stamp of approval for these tests and they have undergone research to determine the level of accuracy for each one. The tests that are used include the One-Leg-Stand, the HGN test and the Walk-and Turn test.

This last one is known by many people and has even been shown in numerous movies, though the details of it are not always accurate. The test has a number of specific rules that will be explained to a suspect and they will need to be carried out in order to pass. The suspect will need to walk a straight line for nine steps, putting one foot directly in front of the other heel-to-toe. After they have gone far enough they will need to turn around on one foot and come back in the same way. This test reviews their ability to divide their attention between performing the physical movements and carrying out the instructions that have been given to them. Their coordination will be reviewed by witnessing if they need to use their arms to balance, remember to put one foot in front of the other, make a wrong turn, take the wrong number of steps or step off of the line.

It is stated by the NHTSA that this tests has a 79 percent accuracy rate for determining who has a blood alcohol content level of .08 or more amongst individuals that show two or more of these difficulties during the test. This however, is speculation and does not always prove true on the field. Many innocent suspects are wrongfully accused. Contact Blair & Kim if you have been charged for drinking and driving, including if you failed a field sobriety test.