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My visitations were suppose to progress to more parenting time gradually; however, bio mom makes excuses as to why I can’t visit at certain times. My work schedule varies each week and I attempt to give 24 hr notice of my desire to visit, but often get denied by bio mom. How can I present this to... View More 
answered on Feb 20, 2020
The main question that I have is whether there is an existing parenting time order or judgment. If there is and it specifically allows this parenting time, mother's refusal is a violation of that order or judgment. If there is not, you would need to file a petition to establish custody and... View More
I can't afford an attorney, but can afford to pay for the hair follicle testing of drugs. I would also like to pay for my own hair follicle test to be used in court.
answered on Feb 7, 2020
In order to file a motion for a hair follicle test, you would need to file for a modification of custody. You would file a separate motion for a hair follicle test, typically after the order to show cause is signed depending on the facts of your case. Keep in mind, the other party has to have an... View More
His reasoning is because he doesn’t want our child around their grandfather who has some sort of dementia or something like that at the moment because it could get hostile, but I do not think that he would be able to manage taking care of a child and a job and many other responsibilities that he... View More
answered on Jan 17, 2020
The first question that I have is how old is your boyfriend? There could be some criminal liability on his part. Each parent has a claim to custody of the child, but the court gives a lot of weight to the primary caretaker of the child. Obviously there is no primary caretaker at this point, as... View More
He has asked for 6 months of bank statements, 6 months of credit card statements for all in my name, 4 paystubs, 2018 and 2019 tax returns. I understand the pay stubs and tax returns, because the court would request those, but the others seems irrelevant and intrusive.
answered on Dec 11, 2019
I get this question in nearly every case. The discovery process can feel intrusive, but the main thing is that the request must be reasonably calculated to lead to relevant evidence. So it would be helpful to know what kind of a case it is. Is it an initial custody case? If so, then bank... View More
Mother is 21 and lives in California, parent's are threatening to get custody, dad is 20 lives in Oregon and was told by her aunt that he needed to sign over all his rights to keep her parent's from getting custody.
answered on Jul 23, 2019
I would need a lot more factual background to answer this question. What contact have the parties had with the child? Where is the child currently? Who is the primary caretaker?
I’m amidst a divorce and last weekend (we have a ex parte temporary order of restraint-kids in my custody) he had our daughter for the weekend and our ten month old son he only kept for 1 1/2 hours of his 2. He was sleeping and my daughter answered the door for the 8 am, which was answered at... View More
answered on Jul 23, 2019
This is a tricky situation. On one hand, you do not want to be the parent who is not facilitating a relationship between the child and the father, but if he really wanted his time, he would be more communicative. He needs to be the adult in the situation and make the effort in my opinion. I... View More
Supervised visits until she can get she completely out of her life. My question is on my custody papers am I allowed to move I remember I had check marked a box that said something along the lines of I don’t need to notify the courts or other party if moving more than 60 miles from other parent.... View More
answered on Jul 23, 2019
If the judge did approve that you do not have to give statutory notice, then you do not. The custody order in Oregon is valid in any state. You may want to register it as a foreign judgment in the new state. You would need to contact an attorney in the new state about that paperwork, but it is... View More
We were not married but he is on the birth certificate. She has lived with me and I have taken care of her since she was born. He moved out of my place when our daughter was one year old. He has done so many things that make me so scared and stressed out with him having her alone. I do not know his... View More
answered on Jul 21, 2019
If there is no custody order in place then there is nothing to enforce and he could take her. I would suggest filing for custody immediately alone with a temporary order of restraint (status quo) in order to have a signed parenting time plan. Also, if he is driving drunk with her, there may be a... View More
and he thinks he should wait to establish paternity ect until he is financially stable. I feel that it looks way worse not doing anything, the judge understands that money isn't everything! What do you think?
answered on Jul 16, 2019
If your son wants to have any guaranteed relationship with the child then he should file immediately. The longer he waits and does not have parenting time, the more difficult the argument gets that he should have significant time with the child. Of course, this does open up the liability to pay... View More
Hello,
The father of my child has threatened to keep our daughter from me after his next visitation. He gets parenting time every other Fri 3PM-Sun 6PM. I am wondering if I am allowed to involve the police if he does not return her to me? I have a signed court order with our parenting time... View More
answered on Jul 16, 2019
I would have to see the language in the judgment, but generally a parent is committing custodial interference if they do not abide by the parenting time plan, and the police should get involved, though sometimes you have to petition the court for a writ of assistance. I would advise hiring or at... View More
Is it legal for a 16 year old about to be 17 to date a just turned 23 year old as long as no sexual actions are commited?
answered on Jul 16, 2019
I agree with Ms. Reisman. It's legal but a very bad idea. If you do want to continue dating, I suggest that you go on group dates in public with other friends that are trustworthy. Meet at the public place and have the minor transport themselves or have a family member or friend of theirs... View More
Mother removed children from oregon. Got restraining order for domestic violence and because children were being abused/neglected. Judge in oregon allowed father to violate order and virbal badger children and mother. Judge gave custody to father because of restraining order.
answered on Feb 21, 2019
There is a lot of information that is needed to provide a full answer. In general, Oregon restraining orders are only good if there has been abuse of one party by the other. The children are obviously involved, but a restraining order likely wouldn't be upheld if it is based on abuse of the... View More
We do not have a court ordered visitation schedule but I limit him to when and where he can see our kids (due to a history of mental illness). If I accept child support that he is offering will he be entitled to standard visitation?
answered on Feb 1, 2019
The short answer is no. He would have to file with the circuit court to obtain court-ordered visitation.
My daughter was taken illegally before reasonable efforts were made and no imminent danger was present all before obtaining court order.
Have never signed a safety plan..also they never have been in my home. Have tried firing court appointed attorney the past 3 hearings since he refuses to... View More
and pay for half co-pays, and split visitation 50/50 do you have to give any additional money to the parent receiving support?
answered on Dec 4, 2018
It really depends on whether there is a judgment. If there is a judgment, and that is all the judgment requires you to pay, then no.
answered on Nov 26, 2018
What you will need to do is ask for the latest statement through the discovery process. He is supposed to provide you with that within thirty days of service of the petition for dissolution. Also, if it is a PERS Tier 1 or Tier 2 account, the face amount is usually much lower that the actuarial... View More
I won’t be living there but will be with her everyday
answered on Nov 19, 2018
If you are the sole custodian, that means that you make the decision as to where the child lives. However, you want to be careful about the amount of time you are not with the child, because being away that long could reflect poorly in future proceedings if there are any. Additionally, if there... View More
answered on Nov 13, 2018
Unless you had some sort of contract, preferably in writing, you would have a difficult time getting a judgment against, which is required in order to get a writ of garnishment. I would contact an attorney that specializes in contract law if you think that the intent of both of was to pay you... View More
court ordered parenting time says must give ADVANCE written notice and provide location information IF INTEND TO TAKE OUT OF LANE COUNTY OREGON DURING VISIT. Does not say permission by custodial parent required. Just must report location and contact info.
answered on Nov 1, 2018
Without seeing the parenting time plan, as long as you have provided the other party with notice, the language of the plan does not require permission. Normally, permission is not required, and it would be a very restrictive plan if you were not able to take your child out of Lane County during... View More
my ex has taken my 10yrs without my permission. he is not listed on birth cert. no father is listed, i was married at the time. the police wont help they say its civil issue. courts wont help because he is not on birth cert. i have given him time with her in the past. just because i recognized him... View More
answered on Oct 30, 2018
This is a tough problem that I have seen in the past. If he is not on the birth certificate or otherwise legally established as the father, he is likely committing kidnapping. The police should help. Ask to speak to a supervisor or the captain of the police department and explain what is... View More
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