Training Review Flashcards
(46 cards)
Legally starts someone’s case; could be a variety of types so look at what type and look for a case number
Petition
How long you have to respond to a petition; mandatory pattern form; tells what court to file and where to send response to petitioner
Summons
An acknowledgement that you have been served; does not mean you agree to the petition
Acceptance of Service
A mid-trial motion stating that after the petitioner rests their case, if they haven’t met requirements under the statute, the court can deny relief and dismiss the case
Civil Rule 41
Petitioner or proposed guardian must show that there is an emergency; the appointment of a guardian prevents substantial harm to minor’s health/safety/welfare and that no one else has the authority/ability/willingness to prevent such harm. ONLY IN PLACE FOR 60 DAYS.
Emergency Minor Guardianship
Can be brought forth by anyone if there is no parent willing/able to care for a minor, or if there is consent to a guardianship
Standard Petition for Guardianship
Letters demonstrating that legally, the guardian’s home is where the minor belongs
Letters for Guardianship
A legal document that authorizes one person (the “agent”) to act on behalf of another (the “principal”) in making certain financial, legal, or health decisions. Child support unavailable through this.
Power of Attorney
Transportation to school, medical needs, social connections, etc.
Parenting functions
Outlines the ways one can become a parent; WA has its own version:
- giving birth (not including surrogacy)
- Affidavit of Paternity (signed by both parents and notarized)
- presumptive parentage
- court action (genetic testing ordered)
Uniform Parentage Act
When one party gives birth within 300 days of a divorce, the other party has:
Presumptive Parentage
A lab test; at-home tests or simple knowledge are not sufficient
Evidence of Paternity
a legal term for someone who is not a biological or adoptive parent but has, for a substantial period, assumed the role of a parent in a child’s life, providing care, affection, and guidance
De Facto Parentage
Filed when the state or one parent alleges the other parent is unfit
Dependency Petition
a legal document filed with a court that requests the end or cessation of something, such as an existing order, a court proceeding, or parental rights
Petition to Terminate
Filed when paternity comes into question, if the child is under 4 years old; may be denied if genetic testing doesn’t happen before the 4 year deadline
Petition for the Adjudication of Parentage
Legal document which creates a residency schedule and a request for child support
Petition to Establish a Parenting Plan
Must happen before a proposal for modification; must prove the other parent is unresponsive or uncooperative (via dispute resolution) before filing this.
Alternative Dispute Resolution
List of questions and information about a party like their identification, residency, marriage date etc. needed so the court can finalize the case
Interrogatories
Needed if dividing retirement money
QDRO (Qualified Domestic Relations Order)
Form that tells you what you did wrong while filing and how to fix it
Order of Deficiencies
Asking the same judge or commissioner to change their mind on a matter; must show abuse of discretion or must bring new evidence that you couldn’t before for reasons beyond your control; must be filed within 10 days of the decision and heard within 30 days unless there is good cause
Reconsideration
Bringing a final administrative decision to the superior court; must be filed within 30 days of the final decision
Appeal
Asking a judge to make a different decision than a commissioner made; all pleadings that went before comm. must also go before the judge + submit copies of what both sides filed; must be filed within 10 days of the decision and heard within 30 days unless there is good cause
Revision
