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Oregon Family Law Questions & Answers
1 Answer | Asked in Family Law, Health Care Law and Medical Malpractice for Oregon on
Q: Can i sue for malpractice if the contraceptive we used was administered wrong or failed? the Nexplanon was inserted wro

the Nexplanon was inserted wrong and she has to have it removed surgically later this month and now she is pregnant or potentially the Nexplanon failed itself we are not certain. The other part of this that makes it so much harder is we are very social people and consume alcohol regularly so my... Read more »

Virgil Royer
Virgil Royer
answered on Aug 5, 2022

You are asking the right questions as you process this. Don't lose sleep about yesterday. The stress and anixiety is certainly high, as this is in the top tier of stressful events. Suing a doctor/hospital is a very difficult but often a necessary decision to make. You need to be certain about... Read more »

2 Answers | Asked in Libel & Slander, Family Law and Animal / Dog Law for Oregon on
Q: I need to know how to get my stolen cat returned. Unfortunately, it’s not taken as seriously as, say, a car.

She was stolen by my ex just to hurt me. She’s filed false papers claiming my cat is her “companion cat”. I have all the proof & witnesses to support the truth in this matter.

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 28, 2022

You might want to consider small claims court in light of the fact that most attorneys charge $300-$400 per hour. You cannot have an attorney in small claims court. If you obtain a judicial order for in junctive relief for the return of the cat, she would be in contempt of court if she does not... Read more »

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1 Answer | Asked in Animal / Dog Law, Criminal Law, Family Law and Small Claims for Oregon on
Q: I’ve filed reports with Animal Control for “Theft of an animal”, & “Possession of a Stolen Animal.” No response.

7.005.129 - Possession of a Stolen Animal.

A. A person commits the offense of possession of a stolen animal if a person has in his/her care, custody, possession or control an animal not owned by that person and not placed by the owner/caretaker of that animal, in the persons care, custody... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 21, 2022

Only non attorneys can appear in small claims court. If you know who has your cat and you can prove you own the cat, you could file a case in small claims court and ask for injunctive relief for the return of your cat. You could also hire an attorney on an hourly basis to file a civil suit for... Read more »

1 Answer | Asked in Estate Planning and Family Law for Oregon on
Q: My bother passed away in Boston Mass. I talked with the funeral home and they said his wife makes the choices on the

She is mentally unstable can another family member change her decision

Theressa Hollis
Theressa Hollis
answered on May 25, 2022

I'm very sorry for your loss. Your question didn't completely come through but I'm guessing you're asking on controlling the disposition of your brother's body. Since he died in Massachusetts you should consult an attorney in that state. If his wife is unable to give... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: In OR state what does a father need to prove/document to receive full custody in a split from child's mother (unmarrie

Ex-girlfriend (mother of 2 kids) has repeatedly kicked out father and tried to ruin his reputation. She has called police and attempting to falsely get him arrested (police have not sided with her). Additionally she has kicked him out several times and is emotionally abusive to him, using the... Read more »

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 5, 2022

Oregon custody laws encourage parents to share in the rights and responsibilities of raising their children so long as it is in the best interests of the children. There is a distinct difference between a custody determination and parenting time. Custody decisions are about who will have... Read more »

1 Answer | Asked in Family Law and Probate for Oregon on
Q: What happens if there’s a conflict when it comes to inventory or FMV of house in Oregon

My daughters dad died due to a MVA he had no will. At the time of death he was legally not listed father on BC. However after an attorney was hired by me we have established paternity. The agreement is his sister (who did not include our daughter as a possible heir but knew it) Shes also is PR.... Read more »

Theressa Hollis
Theressa Hollis
answered on Apr 18, 2022

I recommend you hire a probate attorney to assist you. Your daughter has a lot riding on this and it's not possible to answer all of your questions through a website. In Oregon a Personal Representative has a duty to sell estate assets for fair market value. If the PR plans to purchase the... Read more »

1 Answer | Asked in Criminal Law, Family Law and Immigration Law for Oregon on
Q: Hi, I am looking for an Immigration attorney with expertise in Marijuana related offense, need to file a waiver.

Hi, I am looking for an Immigration attorney with expertise in Marijuana related offense, need to file a waiver. I-485 based petition.

George K Gomez
George K Gomez
answered on Mar 1, 2022

You should immediately speak to an immigration lawyer and discuss the details surrounding the marijuana related offense as said details will determine whether you are even eligible for a waiver. Not only can a conviction for certain marijuana offenses render you inadmissible and therefore... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Oregon on
Q: My elderly grandparents have been convinced by family friends to give them their estate. What can I do?

My Grandparents are kind people and have housed a family friend for the past several years. She has convinced them that when they die she should get their house and the estate for nothing. She has evidently written up a contract that no one else in the family is allowed to see. The impression we... Read more »

Theressa Hollis
Theressa Hollis
answered on Jan 31, 2022

If you believe that your grandparents are being taken advantage of I recommend you contact Adult Protective Services in the county in which they live.

2 Answers | Asked in Estate Planning and Family Law for Oregon on
Q: If a person gives you power of attorney to take possession of belongings can they take back the belongings later?

I was given power of attorney y my ex-boyfriend. I took possession of 3 storage units and paid $1400 to save them from being auctioned. Now he wants to revoke the power of attorney and keep me from accessing the units. Is this legal?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Dec 2, 2021

Yes, a power of attorney can be revoked by the principal at any time. Do take care not to do anything after revocation that could expose you to liability for theft or conversion.

You do have a claim for reimbursement of expenses. Take a look at possibly pursuing that in small claims court...
Read more »

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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Oregon can unmarried mother take kids out of state with no custody order
Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 28, 2021

Oregon and most other states follow the Uniform Child Custody Jurisdiction Enforcement Act. This law generally requires that custody disputes be resolved in the home state of the child. The home state of the child means the state in which the child resided for at least the six months immediately... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: my ex got a restraining order against me and put on there I can have visitation with my son, I haven't got to see him

I have not got to see my son in 4 months

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 24, 2021

A restraining order is a court order, and as is true with all court orders, it must be complied with by both parties.

The restraining order is effective for one year and can be renewed annually.

You may request a hearing within 30 days after you were served with the order. If...
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1 Answer | Asked in Contracts, Family Law and Real Estate Law for Oregon on
Q: My boyfriend and I own a home. I put up the money for it. We are splitting. Do I have any rights to the money or home

I took a loan from my 401k. I want to stay in the house. I don’t know if he will leave.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 6, 2021

When an unmarried couple separates, Oregon courts attempt to determine the parties’ intent when deciding whether and how to divide property acquired during the relationship. The key inquiry is whether the parties intended to “pool their resources for their common benefit.”

You...
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1 Answer | Asked in Family Law, Appeals / Appellate Law and Civil Rights for Oregon on
Q: Is it possible to have a court proceeding pertaining to me and me not know?
Tim Akpinar
Tim Akpinar
answered on Oct 6, 2021

An Oregon attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, it is possible, but less likely if the matter involved something requiring personal service (as opposed to service by mail, leaving with a person of suitable age, etc., or other... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: I'm mother refuses to identify my biological father. Can I take her to court to I.D. him ?

i'm 46 years old

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 10, 2021

Filing a lawsuit against your mother would certainly create awkward times during the holidays. There are other ways to get the information you seek. Get a certified copy of your birth certificate from the state in which you were born. If that doesn't have the information you seek, then... Read more »

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Oregon on
Q: HELLO , I AM THE MIDDLE SON OF 3 SONS OF A 96 YEAR OLD WASHINGTON COUNTY , OREGON WOMAN .MY MOTHER IS CURRENTLY IN

....HOSPITAL AWAITING PLACEMENT IN AN ASSISTED LIVING FACILITY . MEDICAID PAPERS HAVE BEEN FILED . AM I, AS A SON LEGALLY REQUIRED TO FOOT THE BILL FOR MY MOTHER'S EXTENDED CARE ?

Theressa Hollis
Theressa Hollis
answered on Aug 9, 2021

If your mother qualifies for Medicaid then this program will be paying for your mother's care facility and prescriptions. In general, the family of a person are not legally responsible to pay that person's bills unless the family member signed a contract with the facility, for example.... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: How to do i get my chdren out of an abusive home?

I am in need of legal assistance with my post judgement child custody case. I am in fear for my childrens safety and well being. They currentlyreside with my ex wife and her abusive husband. I have made several attempts to file paperwork myself. I have multiple court documents and supporting... Read more »

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 23, 2021

I am so sorry to hear of your dilemma. You will need to consult with an attorney in your area to determine whether you have unwittingly undermined your claim by trying to present your claim without legal representation. Generally, whenever there is a motion to modify custody, you as the moving... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Oregon on
Q: Respondent to RO is trying to bribe me with money to drop RO/not cooperate with DA, is this a violation of the RO?

My ex, a licensed PI, hit me multiple times with my 3 children present in a hotel room in Idaho last month, he ran so no arrest. The DA is pressing charges. I got an RO here in Oregon, he was finally served after he called 911 because he was withdrawing from fentanyl.

I didn't check... Read more »

Gregory L Abbott
Gregory L Abbott
answered on May 24, 2021

You are likely describing witness tampering - a serious crime. If you go along with it, you may committing a crime as well. Save the texts and show them to the District Attorney immediately.

1 Answer | Asked in Family Law for Oregon on
Q: My ex has a restraining order on me but my 18 year old daughter lives with her and last night she hit her

She left a 6,7 and 10 year old alone to get high and hit my daughter.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 2, 2021

I am sorry to hear of the abuse your children have suffered. You did not ask a question but I hope this helps:

Your 18 year old daughter is an adult and is entitled to make her own decisions regarding where she will live and whether she should obtain a restraining order. She is eligible...
Read more »

1 Answer | Asked in Family Law for Oregon on
Q: Can I get child support arrears if the other parent hasn’t been following the agreed upon parenting time?

Two years ago I signed an agreement to share 50/50 parenting time. However, shortly after the agreement and child support order was modified the other parent no longer allowed one of his children to visit due to behavior issues and therefore neither child has been at the other parent’s house for... Read more »

Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 15, 2020

Your question presents a complex and unique situation that cannot be answered here.

Generally, a modification of child custody requires a substantial change of circumstance since the time of the most recent award of custody. Once a person demonstrates a substantial change of...
Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I was served custody paperwork dated 11/16/2010. Is it still valid being dated wrong.
Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 15, 2020

The main purposes of service of legal pleadings (service of process) are (1) to notify a person that there is a court proceeding that may affect his or her legal rights and (2) to give that person an opportunity to contest the claim. If the purposes are met, the service of process is considered... Read more »

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