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Questions Answered by M. Nicole Clooten
1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Does the father of a child need to give up his rights to the mom to help keep the grandparents from getting custody

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.

M. Nicole Clooten
M. Nicole Clooten 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?

1 Answer | Asked in Divorce, Family Law and Child Custody for Oregon on
Q: Do I have to contact the other parent for a time to pick up his kid, if he does not call or text for his parenting time?

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... Read more »

M. Nicole Clooten
M. Nicole Clooten 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... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: I have a custody order in Oregon, I was awarded sole legal and sole physical custody. Other parent currently has

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.... Read more »

M. Nicole Clooten
M. Nicole Clooten 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... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: I need to know if my daughters father can take her without my permission? She is only three.

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... Read more »

M. Nicole Clooten
M. Nicole Clooten 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... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: My son had his first child Valentine's day of 2019. The mother did not put him on the birth certificate (Oregon)

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?

M. Nicole Clooten
M. Nicole Clooten 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... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: I have sole legal custody of my daughter, dad has parenting time. What can I do if he refuses to give her back to me?

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... Read more »

M. Nicole Clooten
M. Nicole Clooten 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... Read more »

2 Answers | Asked in Family Law for Oregon on
Q: 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

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?

M. Nicole Clooten
M. Nicole Clooten 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... Read more »

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1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Civil Rights for Oregon on
Q: If a judge in oregon is presented a restraining order thats from washington Do they have the option to uphold it or not

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.

M. Nicole Clooten
M. Nicole Clooten 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... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: If I accept child support does it entitle the father to more visitation rights?

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?

M. Nicole Clooten
M. Nicole Clooten answered on Feb 1, 2019

The short answer is no. He would have to file with the circuit court to obtain court-ordered visitation.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Civil Rights for Oregon on
Q: If CPS illegally took my child can you sue at any time before or after trial?

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... Read more »

M. Nicole Clooten
M. Nicole Clooten answered on Jan 22, 2019

What was the basis of the action at the shelter hearing?

1 Answer | Asked in Family Law for Oregon on
Q: if you pay $600 a month in child support, you pay for the children's health insurance, cover half the cost of daycare

and pay for half co-pays, and split visitation 50/50 do you have to give any additional money to the parent receiving support?

M. Nicole Clooten
M. Nicole Clooten 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.

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: He has agreed to split pension 50/50 & told me an amount and it seems low. He has 18yrs teaching. Can I find out balance
M. Nicole Clooten
M. Nicole Clooten 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... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: I just won custody of my daughter this morning. Can I have her live with my mother until I get our home next month?

I won’t be living there but will be with her everyday

M. Nicole Clooten
M. Nicole Clooten 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... Read more »

2 Answers | Asked in Civil Litigation and Collections for Oregon on
Q: I loaned an ex boyfriend 18k during the time we were together. He now has a good job, can I have his wages garnished
M. Nicole Clooten
M. Nicole Clooten 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... Read more »

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2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: I am a noncustodial parent. Can I take child out of county during my parenting time without permission if give notice?

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.

M. Nicole Clooten
M. Nicole Clooten 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... Read more »

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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: how do i get my daughter back, when courts and police wont help

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... Read more »

M. Nicole Clooten
M. Nicole Clooten 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... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: We have full custody now my step son's mom wants full custody how does it look for us?

She allowed him to accidentally ingest pot brownies and didn't take him to the hospital which is why she doesn't have joint custody anymore. As well as she lives 5 hours away. She doesn't pay child support and only calls two times a week for 5 minutes. Now she wants to file for full custody. How... Read more »

M. Nicole Clooten
M. Nicole Clooten answered on Oct 30, 2018

In order to change custody from one parent to the other, the moving party has to prove that there has been a substantial change in circumstances. From the facts you have given, that seems unlikely. I would need to know a bit more about the facts and background, but it generally sounds like she... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: How do I get an immediate danger order against me dismissed in the proper steps/forms

I'm involved in a custody case with my ex whom got an immediate danger order against me and I can not see my children. I was arrested for shop lifting without my children present and he filed while I was in custody and had me evicted because we had been room mates and I wouldn't move out and the... Read more »

M. Nicole Clooten
M. Nicole Clooten answered on Oct 30, 2018

You will need to file a request for hearing, which should be available online. The burden of proof for the moving party will be whether the child or children were in imminent danger of further abuse at the time of filing.

1 Answer | Asked in Family Law for Oregon on
Q: Can I request a new judge based on him forcing me to give my location at a restraining order contestment hearing?

Marion county has a "one family, one judge" However I fear this is hurting my family more than it's helping. My abuser uses the system to further his abuse and the judge entertains it. It has been very disheartening and terrifying to not be able to feel safe or feel that I can properly protect my... Read more »

M. Nicole Clooten
M. Nicole Clooten answered on Oct 30, 2018

In general, you cannot get a new judge unless you file a contempt proceeding against the other party. You can ask the court to allow you to keep your location confidential under ORS 109.767 (5). I have found that a verbal request to keep the location secret at trial is most often granted. Based... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: Can a judge grant an immidate danger order against the sole custody parent without any evidence. personal oopinion

I filled an objection hearing she didn't allow it.

M. Nicole Clooten
M. Nicole Clooten answered on Oct 2, 2018

Testimony in itself is evidence, and because of the quick-set nature of immediate danger hearings, that is often the only evidence. Were you at the initial appearance, and if so, did you present testimony there? If so, the court does not have to set a hearing for objection. If not, the court is... Read more »

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