If you have joint legal custody of your children, legally you cannot make that decision without agreement from your ex. If you have sole legal custody of your children with 50/50 parenting time, you can make any major medical decisions without your ex. If your ex has sole legal custody and you...Read more »
You would want to follow up with the Oregon Department of Justice, Child Support Division. They handle most child support cases and can collect from the father. If that does not work, or the father is not ordered to pay through the Department of Justice, you would likely need to file a motion to...Read more »
I have custody. Twice now my daughter has returned from her mother’s with head lice. I have told her what she needs to do take care of it and obviously hasn’t. What can I do to make her comply ? Also I told her my daughter will not go back until it’s taken care of , is that ok? She has my... Read more »
Your hands seem to be tied in this situation. You cannot force your daughter's mother to do anything, unless it is stated in the judgment/parenting plan. If your judgment states that the mother must keep a sanitary home, you could file a motion to enforce the judgment, but that is not standard...Read more »
Depending on the terms of the written agreement, you may be able to take him to small claims court to enforce the contract. If the contract was not a part of your judgment of divorce, it is not a family law matter and must be handled independently. If the contract was made a part of your divorce...Read more »
My child’s mothers boyfriend is abusive and has been arrested for strangling her before. I don’t want my daughter growing up around him, but I don’t have any court custody agreement what so ever. Just verbal agreements. What can I do?
If no one has previously filed for custody, you may file a petition for custody with appropriate parenting time awarded to the other party. You can find pre-printed forms at the courthouse in your county. However, you should keep in mind that the court generally awards custody to the parent that...Read more »
My child is with me one day less than paid party every week. The other party being paid never sends any provisions a long(spare clothes, shoes, etc) most of the time i never get through on phone to talk to my child - no call backs or phones full of messages. My understanding is the party being paid... Read more »
You present a few issues here. The first and most relevant answer I can offer is that you get nothing for paying child support. The purpose of paying child support is to support your child on the days they are not with you. The paid parent may use the money as they see fit and do not have to offer...Read more »
My ex has manipulated the system with lies. I lost guardianship of my niece and I need a hearing to show evidence off all the lies and violations so I can see my daughter again. How do I get a hearing. I live in Washington and I need a hearing in Jackson County Oregon Family court.
I would need more information to fully answer your question, but assuming your ex obtained a signed order on a Motion to Show Cause, you have 30 days to respond or request a hearing. I would recommend consulting an attorney who practices in Jackson County to discuss your options more fully.
It depends largely on the situation. If you currently have a parenting plan and have established visitation, you can file a motion to enforce the judgment. This would allow the court to order the father to abide by the judgment and grant you your parenting time. If there is no judgment in place,...Read more »
My 8 yr old daughter's father was in prison for 6 years for assault with a deadly weapon & strangulation of his pregnant (now ex) wife. He had not been in contact with my child for almost 7 years. He got out this year & came to Oregon to see her for a week. He convinced me & our daughter that he'd... Read more »
You can be held in contempt if you fail to abide by the parenting time established in your judgment. I think your best course of action if you believe your child is in danger is to file an immediate danger motion which could temporarily suspend parenting time until you are able to serve the other...Read more »
My wife of 21 years started showing many antisocial symptoms after we had troubles ( only time in 21 years we have had a single argument or issue) she has revealed a huge amount of mental issues and began becoming aggressive and gaslighting type actions . She was able to obtain an order against me... Read more »
You must obey the restraining order. Contact of any type (including texts, Facebook messages, and contact through a third party) is a violation of the restraining order. She can report the violation to the police, and you could face jail time for contacting her.
I have paid child support for two years and we had a court ordered parenting plan with joint custody. She has blocked all contact with me, last i knew she put my daughter with her grandparents and has my son (collecting child support for both), but refuses to contact me or let me see either child.... Read more »
You want to file a Motion to Enforce the Parenting Plan. This will allow a judge to review your judgment and the evidence to determine if your ex violated the parenting plan. If the judge finds that she has, he can order her to resume contact and visitation. He can also require that the children...Read more »
It depends. If a consequence for forgetting the child is imposed in your parenting plan, that is enforceable. However, if the parenting plan does not provide a consequence, you cannot deny your ex his parenting time without consequence to yourself. Your only options in this matter are to file a...Read more »
Under Oregon Revised Statute 163.427(1)(a), a person commits the crime of sexual abuse in the first degree when that person subjects another person to sexual contact and the victim is less than 14 years of age and the victim is subjected to forcible compulsion by the actor, or the victim is...Read more »
While I was out of state completely neglecting my responsibilities as a father she filed for divorce and sole custody. The order says I need 1 year of sobriety and to start paying child support. I have hair follicles for 2 years but I can’t afford the max amount I was charged with for child... Read more »
You would need to file a Motion to Modify Child Support and Parenting Time. The court staff typically has self-serve packets that you can fill out and submit, or you can hire an attorney to start the process for you.
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 »
If you have criminal charges pending against you, you cannot have contact with the alleged victim due to an automatic no contact order that is imposed at the beginning of a criminal case. The house is still marital property, unless there was a legal separation or dissolution proceeding that...Read more »
My ex-wife has called and said that I am no longer getting visitations with my son she is saying that my son is someone else’s child and that she’s going to adopt My son to her new husband who just last month , she had called and made me pick up my sons because her Was abusing her where do I go... Read more »
If you have a judgment with a parenting plan, you can file to enforce the parenting time order. If you were married when the children were born, or if you divorced and your children were born within 300 days of the termination, there is an automatic presumption that you are the father of your...Read more »
Without seeing the paperwork you were sent, it sounds like the other parent of your child registered a past order or judgment determining custody with another state. This can be done for several reasons, including current or future enforcement of the child support determination. I am available if...Read more »
My son's father filed and mediate danger claim against me and one during the hearing the order was over was vacated by a different judge and I was to be able to get parenting time at my mother or sisters house regularly I ended up getting supervised visits at my sister's house for a while now there... Read more »
If the immediate danger order was vacated, the parenting plan that was in effect before the immediate danger order controls all future visitations, unless there is another judgment in place. I am available if you have further questions.
My ex-husband agreed to vacation time that would result in him not seeing his kids on his weekend. I have his agreement in writing. Now two days before the vacation he is now refusing me to take them. If I take my children on vacation after his refusal will I be in contempt of our court ordered... Read more »
If you have a parenting plan in place, and he agreed in writing to allow you to deviate from the agreement and take your children on vacation, you should not be held in contempt of your court ordered agreement. It is possible he will file contempt charges, but your defense is the writing that he...Read more »
He informed that during his parenting time, he will be working open to close at his job. He is refusing to tell me how he plans to care for the children during that time. He claims it is his personal life and none of my business. Is he allowed legally to keep information regarding the care of my... Read more »
It depends on what is ordered in your parenting plan, which can be found in your judgment. If you filed a Basic Parenting Plan Form from the Oregon Judicial Branch, there is a generic statement under section 6.1, stating "each parent will make day-to-day decisions regarding the care and control of...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.