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Questions Answered by M. Nicole Clooten
1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can biological father be granted full custody of our son if he hasnt been involved in his life since birth?

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 »

M. Nicole Clooten
M. Nicole Clooten 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," and the... Read more »

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Oregon on
Q: Is anything stopping me from going home?

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 »

M. Nicole Clooten
M. Nicole Clooten 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 court and... Read more »

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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Defending against restraining order and threat of demanding full custody

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 »

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

1 Answer | Asked in Divorce, Family Law and Child Custody for Oregon on
Q: Who gets the child's social security card in a divorce with joint custody? Or a separation?

I assume the primary residence holder?

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

1 Answer | Asked in Family Law for Oregon on
Q: Medical neglect Child has badly ingrown toenail known since june by mother and dr there. Not treated until with father.

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 »

M. Nicole Clooten
M. Nicole Clooten 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.

1 Answer | Asked in Family Law for Oregon on
Q: Married to a man who was not bio father of children. Bio dad wants to be on birth certificate. Easy way to do this?

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?

M. Nicole Clooten
M. Nicole Clooten 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.

1 Answer | Asked in Family Law and Adoption for Oregon on
Q: If a child has no legal father, can the child be adopted by their mother's husband when she gets married?

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.

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

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: What are my options? What can I do?

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 »

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

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Oregon on
Q: Would withholding medical checkups to a minor be considered neglect? Also refusing to provide food and being controlling

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 »

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

1 Answer | Asked in Family Law, Adoption and Child Custody for Oregon on
Q: I have proof my dad has verbally abused me. This has been happening for some time. I'm depressed. Can I be adopted??

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 »

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

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: In Oregon who has to move out of the home until the divorce is final? He said I had to leave but I would be homeless!

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?

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

3 Answers | Asked in Child Custody and Family Law for Oregon on
Q: In oregon if there is no custody order or agreement in place can the father move out of state with child?

Without the mothers consent or permission?

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

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1 Answer | Asked in Family Law for Oregon on
Q: been only married a yr and 7 months. he makes 100,000 more then me what am i entitled to? increase of house? pension?

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 »

M. Nicole Clooten
M. Nicole Clooten 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 general, as long as... Read more »

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