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... Read more »
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," and the...Read 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 investigation, and I haven't been able to... Read more »
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 court and...Read 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 couldn't handle... Read more »
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...Read more »
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...Read 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... Read more »
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?
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.
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...Read 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... Read more »
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....Read 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... Read more »
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...Read 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 loved me more than he... Read more »
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...Read 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?
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...Read more »
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...Read 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... Read more »
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 general, as long as...Read more »
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