Fill and Sign the Adamcik V State Respondents Brief Dckt 44358 Digital Form

Fndngs/Concls of Law (FNFCL) - Page 1 of 9WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .100Superior Court of WashingtonCounty ofIn re the Custody of: Child(ren),Petitioner(s), and Respondent(s). No. Findings of Fact and Conclusions of Law(Nonparental Custody)(FNFCL) I. Basis for Findings The findings are based on:[ ]agreement.[ ]order(s) of default against (name(s))__________________________________________ signed by the court on this date or dated _________________________________________________.[ ]trial. The following parties and lawyers attended: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ___________________________________________________________________________ II. Findings of Fact Upon the basis of the court record, the court finds: Fndngs/Concls of Law (FNFCL) - Page 2 of 9WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .1002.1Children for Whom Custody Is SoughtThe petitioner(s) are seeking custody of the following child(ren):2.2 County Where Children ResideThe child(ren) named in paragraph 2.1 permanently reside in this county or can be found in this county.2.3 Indian Child Welfare ActChild’s Indian status:The petitioner [ ] has [ ] has not made a good faith effort to determine whether the child(ren) are Indian Child(ren).[ ] Based upon the following, the child(ren) are not Indian child(ren) as defined in Laws of 2011, ch. 309, §4, and the federal and Washington State Indian Child Welfare Acts do not apply to these proceedings:[ ]Based upon the following, the child(en) are Indian child(ren) as defined in Laws of 2011, ch. 309, §4 and the federal and Washington State Indian Child Welfare Acts apply to these proceedings: [ ]The petitioner [ ] has [ ] has not provided notice of these proceedings as required by Laws of 2011, ch. 309, §7 and the Indian Child Welfare Act to all tribes to which the petitioner or court knows or has reason to know the child may be a member or eligible for membership. Jurisdiction:[ ]The child(ren) are Indian children as defined in Laws of 2011, ch. 309, §4 but are not domiciled or residing within the boundaries of an Indian reservation; and no Tribal Court has continuing jurisdiction over the child(ren); this court has jurisdiction under 25 USC § 1911. Fndngs/Concls of Law (FNFCL) - Page 3 of 9WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .100[ ]The child(ren) are Indian children as defined in Laws of 2011, ch. 309, §4 and are domiciled or residing within the boundaries of an Indian reservation, and:[ ] the children’s tribe has consented to Washington State’s concurrent jurisdiction.[ ] the tribe has expressly declined to exercise its exclusive jurisdiction.2.4Basis of Jurisdiction [ ] This c o urt h as e x clu siv e c o ntin uin g j u ris d ic tio n. T he c o urt h as p re v io usly m ad e a c h ild custo dy, p are n tin g p la n , r e sid en tia l s c h ed ule o r v is ita tio n d ete rm in atio n i n t h is m atte r a n d: re ta in s j u ris d ic tio n u nder R CW 2 6.2 7.2 11.[ ] This state is the home state of the children because: [ ] the children lived in Washington with a parent or a person acting as a parent for at least six consecutive months immediately preceding the commencement of this proceeding.[ ]the children are less than six months old and have lived in Washington with a parent or a person acting as parent since birth.[ ]any absences from Washington have been only temporary.[ ]Washington was the home state of the children within six months before the commencement of this proceeding and the children are absent from the state but a parent or person acting as a parent continues to live in this state. [ ] The children and the parents or the children and at least one parent or a person acting as a parent have significant connection with the state other than mere physical presence, and substantial evidence is available in this state concerning the children’s care, protection, training and personal relationships, and: [ ]The children have no home state elsewhere.[ ]The children’s home state has declined to exercise jurisdiction on th e g ro und th at th is s ta te i s t h e m ore a p pro pria te f o ru m u nder R CW 2 6.2 7.2 61 o r .2 71. [ ] All c o urts in th e c h ild re n 's h om e s ta te h av e d eclin ed to e x erc is e ju ris d ic tio n o n th e g ro und th at a c o urt o f th is sta te is th e m ore a p pro pria te fo ru m to d ete rm in e th e c u sto dy o f th e ch ild re n u nder R CW 2 6.2 7.2 61 o r .2 71.[ ] No other state has jurisdiction.[ ] This c o urt h as te m pora ry e m erg en cy ju ris d ic tio n o ver th is p ro ceed in g b ecau se th e c h ild re n are p re se n t in th is sta te a n d th e c h ild re n h av e b een a b an doned o r it is n ecessa ry in a n em erg en cy t o p ro te ct t h e c h ild re n b ecau se t h e c h ild re n , o r a s ib lin g o r p are n t o f t h e c h ild re n is s u bje cte d t o o r t h re ate n ed w ith a b use . R CW 2 6.2 7.2 31. [ ] There is a previous custody determination that is entitled to be enforced under this chapter or a child custody proceeding has been commenced in a court of a state having jurisdiction under RCW 26.27.201 through 26.27.221. The requirements of RCW 26.27.231(3) apply to this matter. This state’s jurisdiction over the children shall last until (date) _______________________________. [ ] There is no previous custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court Fndngs/Concls of Law (FNFCL) - Page 4 of 9WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .100of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an action is not filed in (potential home state) _____________________ by the time the child has been in Washington for six months, (date) ___________________, then Washington's jurisdiction will be final and continuing. [ ] Other: 2.5 Background Records CheckThe court has consulted the judicial information system, if available, to determine the existence of any information and proceedings that are relevant to the placement of the child. The court has also directed the Department of Social and Health Services to release information as provided under RCW 13.50.100; and has required the petitioner to provide the results of an examination of state criminal identification data provided by the Washington State Patrol criminal identification system as described in chapter 43.43 RCW for the petitioner and adult members of the petitioner’s household.2.6 Standing [ ] At the beginning of the case, the child(ren) had not been in the physical custody of either parent since (date) _______________________________.[ ] Neither parent was a suitable custodian at the beginning of the case.[ ] Other: 2.7 Best Interest of the ChildIt is in the best interest of the child(ren) to be placed in the custody of the petitioner(s), and at this time:[ ]The child(ren) have not been in the physical custody of either parent since (date) _______________________________ because:[ ] Neither parent is a suitable custodian for the child(ren), because: Fndngs/Concls of Law (FNFCL) - Page 5 of 9WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .1002.8Adequate CauseAdequate cause for this proceeding has been found [ ] in an order signed by the court on this date or dated _________________________; or [ ] is agreed as evidenced by the signatures on the last page of this document.2.9Limitations on Visitation [ ] Does not apply.[ ] There are no reasons for limiting visitation of either parent.[ ] The following reasons exist for limiting visitation of [ ]Respondent (name) ________________________________: [ ]Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions.[ ]Physical, sexual or a pattern of emotional abuse of a child.[ ] A history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm.[ ] Other:[ ]Respondent (name) ________________________________:[ ]Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions.[ ]Physical, sexual or a pattern of emotional abuse of a child.[ ] A history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm.[ ] Other: [ ] Limitations on visitation with the children will not adequately protect the children from the harm that could result if the children has contact with (name(s)) ___________________________________________________. Fndngs/Concls of Law (FNFCL) - Page 6 of 9WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .100 [ ] Contact between (name(s)) ________________________________________ and the children will not cause physical, sexual, or emotional abuse or harm to the children and the probability that the parent’s harmful or abusive conduct will recur is so remote that it would not be in the children’s best interest to apply the limitations of RCW 26.10.160(1)(a) and (b).[ ] (Name(s))___________________________________________’s conduct did not have an impact on the children.[ ] Other: 2.10 Child Support [ ] Does not apply.[ ] There are children in need of support and child support should be set pursuant to the Washington State child support statutes. The Order of Child Support signed by the court on this date or dated _______________________________, and the child support worksheet which has been approved by the court are incorporated by reference in these findings.[ ] Other: 2.11 Continuing Restraining Order [ ] Does not apply.[ ] A continuing restraining order against (name(s)) _____________________________ ______________________________________ is necessary because:[ ] Other: 2.12 Attorney Fees, Other Professions Fees and Costs [ ] Does not apply.[ ] Each of the parties has sufficient property, income or resources available to pay his or her own respective attorney fees, professional fees and costs.[ ] (Name) ___________________________ has incurred reasonable attorney’s fees, other professional fees and costs in the amount of $_______________. (Name) ______________________________ has the ability to pay these fees and (name) _____________________________________ has the need for the payment of these fees as follows: Fndngs/Concls of Law (FNFCL) - Page 7 of 9WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .100 [ ] (Name) ____________________________________ has incurred reasonable attorney’s fees, other professional fees and costs in the amount of $____________________. (Name) ____________________________________ has the ability to pay these fees and (name) ___________________________________ has the need for the payment of these fees as follows:[ ] Other: 2.13 Other III. Conclusions of Law The court makes the following conclusions of law from the foregoing findings of fact:3.1JurisdictionThe court has jurisdiction over the children.3.2DispositionIt is in the best interest of the children to reside with:3.3Child Support [ ] Does not apply.[ ] Child support for the dependent children should be set pursuant to the Washington State child support statutes.[ ] Other: 3.4 Visitation Respondent (name) _________________________________ : Visitation shall be [ ] as set forth in the Residential Schedule(s) sig ned b y t h e c o urt o n t h is d ate o r Fndngs/Concls of Law (FNFCL) - Page 8 of 9WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .100date d _______________________, and approved by the court and incorporated as part of these findings; or [ ] as follows:Respondent (name) _________________________________: Visitation shall be [ ] as set forth in the Residential Schedule(s) sig ned b y t h e c o urt o n t h is d ate o r da te d _______________________________, and approved by the court and incorporated as part of these findings; or [ ] as follows: [ ] Other: 3.5 Continuing Restraining Order [ ] Does not apply.[ ] A continuing restraining order should be entered. 3.6Attorney Fees, Other Professional Fees and Costs [ ] Does not apply.[ ] Attorney fees, other professional fees and costs should be paid as follows: 3.7Other Fndngs/Concls of Law (FNFCL) - Page 9 of 9WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .100Dated: __________________________________ __________________________________ Judge/Commissioner Presented by:Approved by: Notice of presentation waived: Signature of Party or Lawyer/WSBA No.Signature of Party or Lawyer/WSBA No.Print or Type Name DatePrint or Type Name DateSignature of Party or Lawyer/WSBA No.Signature of Party or Lawyer/WSBA No.Print or Type Name DatePrint or Type Name Date Signature of Party or Lawyer/WSBA No.Print or Type Name Date