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 Shared Joint Custody in Washington

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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. Frequently the the issue of shared or joint custody/residential time (joint custody) comes up. Historically that concept has been disfavored by the legislature and the courts. The old statute prohibited the court from doing this unless the parties agreed to this arrangement. The Washington legislature amended the statute in 2007, eliminating the requirement for the parties to agree to this. Currently, the statute, RCW 26.09.187(3)(b) sets out the criteria for establishing a shared residential schedule in a Permanent Parenting Plan as follows:

"(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."

In reality, the courts are still reluctant to award this type of arrangement, but the door has been opened, and with time the courts will be more receptive.

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 Divorce Procedures 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.

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.

Alcoholism and Child Custody in Washington Divorce

Alcoholism is a larger problem in society than most would guess. While some people consider themselves merely "social drinkers," they might in fact be alcoholics that rely on alcohol to have a good time. Alcoholism is a disease, like any addiction. While it is not nearly as serious an allegation in a child custody battle as drug abuse is, it is still serious.

When a parent is said to be an alcoholic and the other spouse has evidence to back it up, that becomes an issue for the court in setting up the Parenting Plan (custody). There is statutory basis for the court limiting a parents involvement in parenting when alcoholism is an issue.

The issue is not just that the parent consumes alcohol, but that their alcohol use affects their ability to parent. The biggest problem with alcoholism is that while a parent is drunk or out drinking, that parent is not paying attention to the children and seeing to their needs. In addition, alcohol compromises a person's judgment and may lead that parent to do some pretty risky things with the kids in the car.

When the parent's judgment is compromised due to alcohol, the risks for the children go up.
Courts are supposed to award the custody of the children to the parent that will be able to care for them best and keep them safe. Alcoholism impedes the ability of a parent to do this and so the children are at risk.

When alcoholism is an issue, the court will frequently order an alcohol evaluation, and sometimes require the parent to follow the recommendations (treatment). The court can condition visitation on the parent following through on these conditions. Sometimes the court will include a restraining order, that the parent not drink or be under the influence of alcohol during the visits. Sometimes the court will allow a parent to demand a urinalysis test if they suspect the other parent being under the influence during a visit. The court can also require the visit to be supervised if the parent cannot control their drinking.

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

Washington Temporary Divorce Orders

In King County, the trial date for a dissolution is set for approximately eleven months from the time of filing. Typically, the parties cannot wait 11 months to get things resolved, there needs to be some "ground rules" set during this time. While awaiting the trial, either party may move the Court for Temporary Orders.

The temporary orders can include a Temporary Parenting Plan (defining both parents rights and responsibilities toward the children), temporary child support, temporary spousal maintenance, and temporary restraining orders. The Orders can include restraints against disposing of any property except in the usual course of business or for the necessities of life; molesting or disturbing the peace of the other party or of any child; temporary use and occupancy of the family home; going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child; temporary use of automobiles; or removing a child from the jurisdiction of the Court.

A temporary order, temporary restraining order, or preliminary injunction does not prejudice the rights of a party or any child at the time of trial. Temporary orders may be revoked or modified; and they terminate when the final Decree is entered.

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

Washington Parenting Plans

Since 1990, Washington no longer has laws regarding custody and visitation. Instead we have Parenting Plans. Parenting Plans define both parents rights and responsibilities regarding minor children. There are 3 major issued addressed in Parenting Plans. First is Decision Making; who makes decisions regarding the children (mother, father or joint), on major decisions such as health, education and religious upbringing. Second is Dispute Resolution: if there is a dispute between the parents in implementing the Parenting Plan, how do you resolve those disputes (counseling, mediation, arbitration or court action). The third issue is the residential schedule: 365 days a year the child will reside with either the mother or father, and the Parenting Plan must specify when the child is with the mother and when the child is with the father. The idea of the Parenting Plan is to address as many issues up front, to avoid conflicts down the road.

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

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