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... View More 
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... View More
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... View More
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.
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... View More
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... View More
I filled an objection hearing she didn't allow it.
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... View More
I was in process of relocating to a different state and my parents and I agreed for my son to stay in their care until i was situated and had things in order. Than I was blind sided and found out they had got ahold of biological father and paid for him to fill out a petition for full custody in... View More
answered on Oct 2, 2018
It is very unlikely given the facts that he would have a shot at custody, unless you are an unfit parent, meaning you cannot be trusted to act in the best interests of your child. The court in family law cannot prevent you from moving, but if he filed a "Temporary Order of Restraint,"... View More
I'm under investigation as a "sexual offender" which is bogus, I haven't been charged in almost three weeks, the voluntary 10-day non-contact agreement DHS had me sign expired a week ago, no restraining order, but my wife got "emergency custody" due to the... View More
answered on Oct 2, 2018
To fully answer your question, I would need some more information, but in general, an emergency order or an "immediate danger" order generally includes that you are not to be around the children. My advice in these high-conflict situations is to stay away until you get in front of the... View More
my 24-year-old son is being threatened by his ex (and mother of his two young children) to get a restraining order and file for sole custody of their children. She is basing it on a text he wrote -- after she said she didn't want to take the boys back for her "week" on because she... View More
answered on Sep 14, 2018
This sounds like fairly weak grounds for a restraining order, but I have seen restraining orders granted for less. At this point, because the consequences of having a restraining order against you can be extreme, I would hire an attorney and file for custody. I would also have your son cease... View More
I assume the primary residence holder?
answered on Aug 31, 2018
There is really no rule as to who has the social security card of the child in a divorce when there is joint custody. Joint custody assumes that the parents are able to agree to a place in which the card will be kept. Probably what should happen is the parties agree to place the card in a safe... View More
Mother took child to dr previously but child freaked out so toenail not treated back in june or july after initial round of antibiotics. Mother never informed father prior to July parenting time. She then mentions child needing to see dr during August parenting time. Child prescribed antibiotics... View More
answered on Aug 31, 2018
I am not sure that it would constitute neglect in the way that child protective services would define it. It is certainly concerning, and you should read the parenting time plan to see if there is a provision for providing and administering any medication prescribed by a doctor.
I was not with "husband" anymore at time of 3 children's birth. We couldn't do paternal affidavit at time because I was married to someone else (according to clause on the affidavit). How can I get his name put on the birth certificates now?
answered on Aug 27, 2018
You can ask him to file a Voluntary Acknowledgment of Paternity with the Oregon Vital Records office, you can file a motion to establish paternity, or you can go through the Department of Child Support to try and establish child support.
There is no one on the birth certificate, no paternity test, and no custodial or support agreements. Mother has full custody and has for the entire 6 years of the child's life.
answered on Aug 27, 2018
Adoption terminates a parent's legal rights to a child. If there is no legal father, there are no rights to terminate. However, it is best practice, if the father is known, to have him served with the petition. If he has had no interaction with the child for at least one year, the adoption... View More
I filed a motion to adjust parenting time due to how the school year played out last year with me doing most the work. I kept track of all the parenting time and situation. I had them approximately 70% of the time and was doing most of the dropping off and picking up from school despite her only... View More
answered on Aug 23, 2018
Are you sure it was an immediate danger order that was granted? Those are usually reserved for danger of physical abuse. If you have filed for a modification, you should get a hearing at which you can present your evidence as to why you should get the parenting time plan that you are asking for.... View More
My partner lives in an (from what I can understand) an emotionally abusive situation. His mother uses money to threaten him (take money out of his personal bank account or not buy essential items) and has become increasingly controlling over the past year. I was wondering if there were resources or... View More
answered on Aug 14, 2018
In order to answer this question, I need some more information. Is your partner a minor or under guardianship? If he is a minor, this likely does not meet the threshold for neglect unless she has actually caused him harm from these threats. Also, there is a difference for what constitutes... View More
I'm depressed here and my dad is a drunk who's very controlling and abusive, I can't live with my mom right now because of a misunderstanding concerning a legal issue with her boyfriend, can my best friends mom adopt me so I can be in a stable household my senior year??, she's... View More
answered on Jul 30, 2018
In short, not at this time. It sounds like what needs to happen is for you to disclose this abuse to either a counselor or to Child Protective Services. Generally they will place you with the closest stable family member who is willing to provide care. However, be aware that your father will... View More
Nobody I call knows this answer I dont want to live in my car, I have no money he didn't want me to work,I moved 2 times for him and his job. Plus our mailing address is Oregon but the house physical address is Idaho how's that work?
answered on Jul 30, 2018
In a dissolution of marriage, there is not a specific person that has to move from the home. What you would need to do is look into filing a temporary motion for exclusive use of the marital residence. If the dissolution was filed in Oregon, Oregon has jurisdiction of the property acquired during... View More
Without the mothers consent or permission?
answered on Jul 30, 2018
If there is nothing in place through the court, either parent can take the child and move to wherever they would like. If you file a petition for custody along with a temporary order of restraint, more commonly known as a status quo order, you can prevent either party from moving out of state with... View More
everytime i get a job he causes issues with me and i end up quitting because he wants me home with no socialization. so since together i have had many jobs and had to move my kids several times. house and all cars are in his name and when i moved in and married i gave all my stuff away due to him... View More
answered on Jul 27, 2018
Oregon courts consider the accrual of any equity or value in assets during the marriage a "marital asset." This is subject to some caselaw that considers how much "commingling" occurred with each asset. The seminal case regarding the issue of commingling is Kunze V. Kunze. In... View More
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