Renton Criminal Defense Lawyer

Welcome to our new attorney, Michelle R. Ahrens.  Michelle has over 20 years of extensive experience in criminal law, including DUI, Deferred Prosectuion, assault, domestic violence, theft, felony drug offenses, reckless and negligent driving.  Michelle handles juvenile, gross misdemeanors and felonies. 

If you have criminal issues, please call (425-255-4542) and discuss your case with Michelle R. Ahrens. The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of criminal and family law cases. We have 4 attorneys for you to chose from. Please visit our web page at Renton Attorneys for more information.

Drug and Alcohol Evaluations

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Frequently in parenting disputes, there are allegation of drug or alcohol abuse. Drinking and/or drug usage is not necessarily an issue to the court unless it affects a persons ability to parent. The court wants to know how it has historically affected their parenting skills. Are they intoxicated around the child? Do they pass out when caring for the child? Does it affect their anger and ability to communicate effectively? Does it affect their judgment? Have their been issued of neglect or abuse in the past due their use? The answers to these types of questions tells the court whether their needs to be restrictions due to their drug or alcohol abuse.

When their are allegations that are denied, and the court does not know for sure, it is not uncommon for the court to order a drug and alcohol evaluation by a state licensed facility. Frequently the court will want the evaluation to include an interview, written questionnaire with collateral contacts (including the opposing party), criminal background check, random monitored U.A.'s, and a written evaluation. The evaluation should be released to both sides, the court, and Family Court Services (if involved).

If the evaluation identifies a problem and gives a recommendation, the court will usually require compliance as a condition to ongoing visitation.

The court is trying to balance the interests of allowing contact between the parent and child with protecting the child's safety. The court will seldom deny visitation. In severe cases, the court can allow supervised visitation only. More likely, the court will enter a restraining order, prohibiting the party from using or being under the influence of alcohol or drugs during, or for 12 hours prior to, any visitation.

The court can also provide that if the other party suspects that the parent is under the influence, that they can demand an immediate U.A., and stop the visit. If the U.A. comes up dirty, there is no visitation until they follow treatment or come back to court. If the U.A. is clean, the requesting party has to pay the cost, and make up visits are to be scheduled immediately.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Renton Divorce Attorneys for more information.

Criteria for a Permenant Parenting Plan Residential Schedule

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When the parties separate during a divorce and there are children, the determination of a Permanent Parenting Plan can often be one of the biggest issues to resolve. The Washington statute, RCW 26.09.187 sets out the criteria for establishing the residential schedule for a Permanent Parenting Plan as follows:

(3) RESIDENTIAL PROVISIONS.

(a) The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child, consistent with the child's developmental level and the family's social and economic circumstances. The child's residential schedule shall be consistent with RCW 26.09.191. Where the limitations of RCW 26.09.191 are not dispositive of the child's residential schedule, the court shall consider the following factors:

(i) The relative strength, nature, and stability of the child's relationship with each parent;

(ii) The agreements of the parties, provided they were entered into knowingly and voluntarily;

(iii) Each parent's past and potential for future performance of parenting functions as defined in *RCW 26.09.004(3), including whether a parent has taken greater responsibility for performing parenting functions relating to the daily needs of the child;

(iv) The emotional needs and developmental level of the child;

(v) The child's relationship with siblings and with other significant adults, as well as the child's involvement with his or her physical surroundings, school, or other significant activities;

(vi) The wishes of the parents and the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule; and

(vii) Each parent's employment schedule, and shall make accommodations consistent with those schedules.

Factor (i) shall be given the greatest weight.

(b) Where the limitations of RCW 26.09.191 are not dispositive, the court may order that a child frequently alternate his or her residence between the households of the parents for brief and substantially equal intervals of time if such provision is in the best interests of the child. In determining whether such an arrangement is in the best interests of the child, the court may consider the parties geographic proximity to the extent necessary to ensure the ability to share performance of the parenting functions.

(c) For any child, residential provisions may contain any reasonable terms or conditions that facilitate the orderly and meaningful exercise of residential time by a parent, including but not limited to requirements of reasonable notice when residential time will not occur.

At trial, the Court will examine each of these factors to determine what is the best interest of the child(ren), and establish the Permanent Parenting Plan.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at http://mgrlaw.com/legalarticle/Family-Law-Information.html for more information.

How Much Does a Divorce Attorney Cost?

This is a very difficult question to answer. It is like asking "How much does a car cost?" The answer depends upon the year, make, model, condition, etc. You get the idea.

Most attorneys in family law cases charge by the hour for their time. The hourly rate the attorney charges typically depends upon their experience. The attorney who charges the lowest rate may not be as proficient or knowledgeable, and therefore not the least expensive to you.

Most attorneys will charge an advanced fee deposit to be paid up front. This deposit should go into the attorney's trust account, meaning it is your funds, not the attorney's. The attorney should send out a monthly bill, summarizing the costs incurred and attorney fees used on your case. Those costs will then be deducted from the trust account. In many cases, you will be requested to replenish the trust account to maintain a minimum balance for future work.

The amount the attorney requests to be placed in the trust account will usually depend upon his/her evaluation of the case. The simpler the case frequently the less required. The more difficult the case frequently the more required. More complicated cases typically require more work, necessitating the larger balance. Frequently we break it down depending upon whether 1) all issues are agreed upon, 2) some issues are not agreed upon, or 3) whether an order to show cause is necessary for the entry of immediate temporary orders. Other issues that can affect it are whether there are children (requiring a Parenting Plan and Order of Child Support), or complicated property issues (separate property, retirement benefits, etc.).

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Washington Family Law Help for more information.

Uncontested Divorce in Washington

The phrase "uncontested divorce" does not have any legal significance in Washington, it is merely the description of a dissolution action that is not being contested by the other side. There are basically two ways of achieving it. One is by the agreement of the parties up front. Both parties sign the Petitioner for Dissolution or a Joinder, indicating that they are in agreement (and therefore it is not being contested by the other party). While the parties are waiting for the mandatory 90 day waiting period before the decree can be entered, the responding party could change there mind, and then it can become contested. To avoid this from happening, the parties can enter into a Property Settlement Agreement, binding them to the terms that they have agreed upon.

The second way to achieve an uncontested divorce, is to file a Petition and serve it on the other party. If they fail to file a Response or respond in any way, an Order of Default can be entered against them, and then the Decree itself, according to the terms of the Petition that was filed.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including uncontested divorces and legal separations. We have 4 attorneys for you to chose from. Please visit our web page at Renton Divorce Site Map for more information.

How to Stop a Divorce After it is Filed

If a divorce has been filed and the parties reconcile, the divorce action can be dropped by agreement of the parties. The parties need to file a Voluntary Order of Dismissal, to dismiss the case with the court. If the Respondent has appeared in the action in any way (filing a Response, etc.), then the Order must be signed by both parties. If the Respondent has not yet appeared in any manner, then it is only necessary to be filed by the Petitioner (moving party). A wise approach is to make sure that the reconciliation is working before dropping the legal action, especially if there are Temporary Orders in effect.

If the parties are not in agreement to drop the action, the Respondent cannot unilaterally stop the action.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including divorces and legal separations. We have 4 attorneys for you to chose from. Please visit our web page at Seattle Divorce Lawyers for more information.

Parenting Plan vs. Residential Schedule

In most family law actions where children are involved, the court will enter a Parenting Plan for the children. Parenting Plans are detailed court orders addressing both parents rights and responsibilities regarding the children. The three main issues addressed in the Parenting Plan are the residential schedule, decision making and dispute resolution.

In parentage (paternity) cases, the court has the option of entering a Parenting Plan or only a Residential Schedule. A Residential Schedule addresses the residential schedule of the child (when the child is with the mother and when the child is with the father), but does not include decision making or dispute resolution provisions that are in Parenting Plans. If a party requests a Parenting Plan, then the court will enter one rather than just a Residential Schedule.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including parentage actions with Parenting Plans or Residential Schedules. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Establishing Paternity: DNA Tests

Paternity tests are highly accurate methods of biological testing that are used to determine whether or not a particular man is the father of a particular child (action for Parentage). They are often necessary if the alleged father wishes to challenge the mother on the paternity of the child in question, or if there is uncertainty on the part of either parent as to who the father is. Each party must submit to genetic tests at the request of either party.

An Explanation of Genetic Material. One of the types of paternity tests available is a DNA test. Deoxyribonucleic Acid (DNA), is the genetic material present in every cell of the human body. Half of a child’s genetic material is from his or her biological mother and half from the biological father. The process of DNA testing compares the genetic characteristics of the child to those of the mother. The characteristics that cannot be found in the mother have to have been inherited from the father.

DNA Paternity Testing. The most accurate form of paternity testing possible is DNA testing. An alleged father can be completely ruled out if DNA patterns between the child and the alleged father do not match on two or more DNA probes. However, if the DNA patterns between mother, child, and the alleged father match on every DNA the likelihood of paternity is 99.9 percent. The test can be conducted from a blood sample or a Buccal strap in which a swab is rubbed against the inside of the subject’s cheek.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including parentage (paternity). We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Discovery in Washington Divorces

On the procedural level, a divorce entails a number of distinct phases over a period of time. One of the most important phases is known as discovery.

At its core, discovery is about revealing details relevant to a particular case. It involves the legal representatives of either party seeking information from the other side, under the penalty of perjury if these facts are withheld or falsified.

Common Discovery Methods

Attorneys go about obtaining evidence for a case (“conducting discovery”) in a number of distinct ways. Some of the more common approaches include:

• Interrogatories - A list of broad questions about the case, such as information regarding employment, assets, debts, care of children, living expenses, and other issues of the marriage. This is a procedure requiring the other party to answer the questions in writing.


• Request for Production of Documents - Apart from the information found in answers to interrogatories, divorce cases are designed to encompass a broad range of potential pieces of evidence, including deeds, bank statements, tax returns, bills, pay stubs, receipts, etc. This is a procedure to have the other side provide the requested documents that are in their possession and control.


• Request for Admissions - Basically a safety-net designed to ensure accuracy of information, a request for admissions seeks to have the other side admit or deny a specific allegation.


• Depositions - Probably the most direct and immediate of discovery procedures, a deposition works much like a testimony on the stand, with the legal counsel of one party putting questions to a witness under oath.


• Subpoena – This is a procedure demanding that a third party provide relevant documents in their possession. An example would be bank statements or canceled checks from a bank, or income or pension information from an employer.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including Declaration of Invalidity (annulment). We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Pet Custody Disputes in Washington

In many divorce or legal separation settlements, the most complicated matters to resolve are child custody arrangements and the division of the couple's assets. In recent years, however, more and more couples have found themselves caught in a legal battle somewhere between the two: custody disputes over pets. Under Washington law, a pet is considered just another piece of property, but many pet owners see their favorite animals as much more than that.

Contrary to popular belief, many animals do not see their human caregivers as interchangeable sources of food and shelter. Dogs, cats, and other animals do have different relationships with different people, including varying levels of closeness and willingness to obey. In other words, it does matter which person a pet ends up living with after a separation. Unfortunately, the law has not been updated to reflect this reality. Many family law judges are unfamiliar with animal behavioral issues, and may not take pet custody disputes seriously. As a result, most divorcing couples with pets are left to settle the matter between themselves.

Some couples agree on a joint custody arrangement; perhaps the pet will alternate homes each week or so, or perhaps one owner will have custody on the weekends. Unfortunately, many pets find this amount of moving around very stressful. The matter can be further complicated if one owner moves out of state or suddenly refuses to let the former spouse visit the pet.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including property division and pets. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Child Support Modification in Washington

The Order of Child Support can be adjusted through a child support modification procedure if there has been a substantial change in the circumstances of the parents or the child. Some examples include when one or both parents' income has substantially increased or decreased; if the child now spends a greater amount of time with one or the other parent; or if the child has special needs, including special schooling or medical care.

If your Order of Child Support is registered with the State Division of Child Support and at least three years have passed since it was entered, the State will assist you in getting child support modified administratively at no charge to you. However, this process takes much longer than doing it on your own.

With the new changes in the Washington State Child Support Schedule effective October 1, 2009, there will probably be an increase in the number of Petitions for Modification of Child Support. These statutory changes could significantly change the amount of child support paid or received. If you think your child support could change, you should consult with an attorney to see what child support may be.

In the next post, I will discuss the procedure involved in a Petition to Modify Child Support.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the child support modification. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Interviewing a Washington Divorce Lawyer

Many people hire the first lawyer they meet. Others interview several lawyers before deciding which one to hire. How many you interview may depend on how much time you have, the urgency of your situation, how many lawyers there are to choose from and how quickly you find one you like.

Tell the lawyer about your situation. Take a list of your assets and debts and sources of income with you. A copy of the last several years' tax returns can also help speed the discussion and make it more meaningful. A narrative or outline of the important events in your relationship with your spouse can also be helpful.

Make a list of things you want to discuss and take it with you to the interview. Ask questions. Then ask more questions. Listen carefully to the answers and write them down. Review the answers later and think about them. Listen not only to the information the lawyer gives you, but also to the way it is presented. Think about how the lawyer related to you. While a lawyer may be appropriately optimistic about your case, do not hire a lawyer simply because that lawyer predicts a better outcome than another lawyer.

Here are some questions you might ask when interviewing a divorce lawyer:

• What is likely to happen to me?
• How much property will I get?
• How much support will I get?
• How much support will I have to pay?
• Do I have a choice of courts?
• Does it make a difference?
• Do you have associates or paralegals?
• How do you decide who does what work on my case?
• Are you reachable by phone?
• If I call and you aren't available, how is my call handled?
• How much do you charge for travel time, secretarial time, photocopies, postage, faxes, long distance calls, mobile phone calls, supplies, computer use or anything else other than your time?
• What expenses do you pay from the money I pay you and what do I have to pay directly?
• Under what circumstances would you refund all or part of my retainer fee?
• Do you have any personal feelings about the positions you would have to take if you represented me?
• How often are you out of the office in court, at conventions, on vacation, and for other things?
• How do you cover my case at those times?
• How much do you know about the judge who will decide my case if it goes to trial?
• Do you think we can work together?
• Will you be available at the times that are convenient for me?

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Communication Between Lawyer and Client

A. The Importance Of Communication
The lawyer-client relationship works best when the two of you are able to communicate -- not only about the facts of your case, but about your working relationship. Information should flow both ways between you and your lawyer. Just as your lawyer should satisfy your need for information, you should provide your lawyer with all information that your lawyer requests. Advice based on incorrect or incomplete facts may be worse than no advice at all. If you do not understand the advice you are given, or find it hard to accept, tell your lawyer. If, for example, you do not understand why your lawyer is recommending that you accept or reject a particular settlement proposal, you should ask why the recommendation is being made. Only by giving your lawyer the opportunity to explain things will you know whether there is a real problem to be addressed.

B. Financial Information
Your lawyer will ask you for financial information, and perhaps ask you to fill out a questionnaire. Financial information includes income, expenses, assets, and liabilities. Your lawyer may also want to see papers such as income tax returns, paycheck stubs, statements of savings and investments, employee benefit statements, and papers regarding your debts. Your cooperation in getting this information to your lawyer, although time consuming, is essential to the proper preparation of your case.

C. Marital History
Your lawyer may also ask you to prepare a history of your marriage which includes personal as well as financial information. Where the custody of your children is in dispute, more than financial information will certainly be necessary. In addition to a history, some lawyers ask their clients to keep a diary of events related to the divorce. Complete candor, including any negative facts about yourself, is crucial.

D. Keeping in Touch
Your lawyer will be communicating with you. There may be periods of inactivity, but when something important happens, your lawyer will want to let you know. If you move, or are planning to be away, be sure your lawyer knows where you are.

E. Calling Your Lawyer and Returning Calls
Lawyers work on more than one case at a time and the practice of matrimonial law requires lawyers to spend time in court, at depositions, in conference, and on the telephone. So you should not expect your lawyer always to be available immediately when you call. You should, however, expect that your lawyer, or a staff member, will respond to your telephone calls promptly. If an emergency arises, tell the person who answers the telephone that it is an emergency and explain the situation. No matter how upset you are, be courteous to your lawyer's staff. Likewise, if your lawyer calls and leaves a message for you to call back, you should do so as soon as possible. Your lawyer will understand that you also have commitments that may make you temporarily unavailable. Your lawyer will appreciate your calling during regular business hours. But most lawyers will make every effort to be available when needed for a real emergency.

F. Being Available
You and your lawyer will have a hard time communicating if you are not available to each other. Before hiring any lawyer you should consider whether your schedules are compatible. If you can't meet with your lawyer during normal business hours, make that clear before you hire the lawyer. Remember that your lawyer is a human being, entitled to free time. If you expect your lawyer to be available evenings or weekends, say so in advance so that the lawyer can decide whether to take your case under those conditions.

G. Correspondence
When you receive correspondence from your lawyer, read it and respond. Delay in responding to correspondence could be harmful to your case.

H. Your Involvement In Other Legal Proceedings
If at any time during your divorce, you are involved with any other legal proceeding, such as criminal, traffic, juvenile, probate, tax, bankruptcy or a civil lawsuit, let your lawyer know as soon as possible. It may affect your divorce.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at http://www.mgrlaw.com/ for more information.

What You CANNOT Expect From Your Lawyer

Whenever a relationship is established, its participants form expectations of each other. The lawyer-client relationship is no different. And as in any other relationship, lawyers and clients have rules and boundaries which govern those expectations. Some expectations are appropriate; others are not. In the last post, I discussed an overview of what you can expect of your lawyer. Today I will address what you cannot expect from your lawyer.

• Your lawyer will not handle matters that are beyond the scope of your agreement. The lawyer you have hired to represent you in your divorce will not usually represent you in other matters unrelated to your divorce, unless the two of you specifically agree otherwise. For example, if you need legal assistance in selling your home, preparing your will, or defending against a civil lawsuit, it will be necessary to make specific arrangements with your lawyer, or to hire another lawyer, possibly in the same firm, with the appropriate specialization or expertise.
  
• Your lawyer cannot guarantee results. The eventual outcome of your divorce depends on the facts, the law, how the judge views your case, and other factors. Every case is different. Although your lawyer may express an opinion on possible or probable outcomes, nobody can be sure of the result until it happens.
  
• Your lawyer cannot do anything unethical or illegal. Lawyers work under very strict legal and ethical codes and take them very seriously. If you ask your lawyer to do anything unethical or illegal, your lawyer will refuse. If you insist, your lawyer will withdraw from your case. Examples of forbidden conduct are: encouraging or permitting perjury, hiding assets or income, and in any manner deceiving the court or the other side.
  
• Your lawyer may be reluctant to act against the best interests of your children. A lawyer's first duty is to look out for the client's best interest. Yet divorce lawyers are also concerned about the welfare of the children and some ethical guidelines encourage lawyers to keep the children's interest in mind.
  
• Lawyers and Clients Should Maintain an Appropriate Professional Relationship. Sometimes friendships and even romances develop between lawyers and clients. Many lawyers have close personal friendships with former clients. But because of the intense emotional nature of a divorce, it is usually best for lawyers and clients to defer establishing a social relationship until after the case is over. Romantic relationships are not advisable as they interfere with a lawyer's objectivity and affect a client's expectations. A divorce lawyer and a client should never have a sexual relationship during the case.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at http://www.mgrlaw.com/ for more information.

When to Change Your Washington Will

Clients often ask us when it is appropriate to make a change in the provisions of their wills. The following is a brief listing of when you might want to make a change to your will.

1. Marriage: A new, post-will spouse can take a share of the estate if not mentioned in the will.

2. Separation: If a person dies while separated from their spouse, their separated spouse will still receive their share of the estate under the old will, or their intestate share if there is no will. To avoid this, a new will would need to be prepared disinheriting the separated spouse.

3. Divorce: The will is revoked as to a divorced spouse, so former provisions for the spouse may pass as residue or by intestacy.

4. Death of Spouse: Major tax consequences to estate plan of family may require revision of the plan.

5. Birth of New Child: Failure to name or provide for all children entitles omitted child to take an intestate share of the estate. One can disinherit children, but this must be specifically stated.

6. Change in Personal Representative: You may want or need to change the executor, trustee or guardian named in your will. The named person may be too old to serve or no longer be close to the family.

7. Change in Financial Condition: You may want to give more or less wealth to more, different, or fewer people, and review and revamp your tax strategy.

8. Change in Law: The laws may change and you can change your estate plan to make the law your friend rather than your adversary.

The above list gives several reasons for changing your will. We recommend that your review your will and estate plan annually, to see if the provisions you made are still applicable.

Our firm offers estate planning documents like Wills, Community Property Agreements and Power of Attorneys. Please visit our web page at http://www.mgrlaw.com/ for more information, or call us at 4252-255-4542 to schedule an appointment.

Renton Attorney, Ruth A. Roti

Ruth Roti has been a part of our firm since 1990. She became a partner in 1992.

Ruth was born in Renton, Washington. Ruth graduated from Central Washington University in 1972, the Edmonds Community College Paralegal Program in 1977, and got her J.D. from the University of Puget Sound in 1989. Ruth worked as a paralegal at Abbott & Curtis from 1977 to 1987 before going to law school.

Ruth's practice is emphasized in the area of wills and probate, adoption, and family law. Her hobbies center around gardening and enjoying her family and grandchildren. She also enjoys hiking and biking.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, estate planning and probate. We have four attorneys to assist you in your legal needs. Please visit our web page at http://www.mgrlaw.com/ for more information.

Paternity Declaration in Washington

Did you know that paternity (parentage) can be determined by the signing of a Paternity Declaration? If you sign one (typically at the hospital at birth, but it could be at any time), after 60 days, it can have the same force and effect as a Court Order determining Parentage. This can save a substantial amount of time and money should you need to establish your legal rights. You can skip the entire legal process of establishing parentage (since it has already been done), and all you have to do is file a Petition for Parenting Plan and Child Support. With this, the court is just interested in establishing a Parenting Plan, defining both parents rights and responsiblities of the child, and setting our child support for the child.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including parentage actions. Please visit our web page at http://mgrlaw.com/attorneys/testimonials.html for more information.

Welcome Seattle Attorney Cynthia Stewart

We would like to introduce you to our new attorney, Cynthia D. Stewart. Cindy was raised in Kent, Washington. She got her BA from Central Washington University in 1997 and her J.D. from Regent University in Virginia in 2000. She has experience in management and accounting. Her hobbies include her dogs, the outdoors and reading.

Cindy joined us in August 2008 and has been with us for about 9 months. She is focusing her practice at this time on family law and wills and probate.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, estate planning and probate. We have four attorneys to assist you in your legal needs. Please visit our web page at http://www.mgrlaw.com/ for more information.

Relocation of Children in Washington

Several years ago, the Washington legislature passed a statue that defines how and when a child may be relocated (moved). Prior case law was conflicted and unacceptable, so the legislature stepped in. Currently, once a Parenting Plan is in effect, a parent may not relocate a child without first giving 60 days advanced written notice, with a proposed new Parenting Plan. The non primary residential parent then has 30 days to object by filing an objection with the court. If they fail to object, the relocation and the proposed new Parenting Plan will be adopted by the court. If they object, the parties will be given a trial date. The court on a temporary motion can determine whether the move will be allowed pending trial. At trial, the court will ultimately decide if the the relocation will be allowed, and if so, what the new Parenting Plan will look like. There is a statutory presumption to allow the relocation, but it is a rebutable presumption that the other party can present evidence on why it should not happen. The statue spell out a list of factors that the court should consider in deciding the relocation.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including relocation. Please visit our web page at http://mgrlaw.com/legalarticle/Family-Law-Information.html for more information.

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Washington Durable Power of Attorney

Power of Attorneys can be a dangerous document. In our society, you are the only one who can sign your name. If someone else does, it is forgery and they can go to jail and you are not bound by what they do. If you give someone your power of attorney, you are giving them the authority to sign your name, and make you bound by it. You should be very careful in giving your power of attorney and consult with an attorney first.There are many types of Power of Attorneys. They can be "special", limited in the powers granted. They can be "general", being very broad in the powers granted. They can be limited in time (good for 1 day, 1 year, from ____ to ____, terminating in 1 year, etc.). They can be "durable", meaning that they continue even when you become incompetent.

Many people should consider a Durable Power of Attorney as part of their estate plan. This is a very limited Power of Attorney. Usually it is for the purpose of caring for you if you become incompetent, avoiding the necessity of a guradianship. It ususally becomes effective, if and only if, you become incompetent. It then is durable so it continues after you are incompetent. If you do not have this and you become incompetenet, it will most likely be necessary for your loved ones to establish a guardianship in court, taking time and money.

Our Renton law firm offers estate planning documents like Power of Attorneys. Please visit our web page at http://www.mgrlaw.com/ for more information, or call us at 4252-255-4542 to schedule an appointment. We service the greater Seattle and King County area, from Bellevue to Federal Way.

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