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Questions Answered by Jessica Larsen
2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Oregon on
Q: I want to have my kids more, but my wife refuses.

My wife and I are in getting divorced, neither has filed yet. The girls are with her the majority of the time as I work and she doesn't. I have them every other weekend and friday nights on the weekends I don't have them. I asked her if I could have them more and she refuses. She's... Read more »

Jessica Larsen
Jessica Larsen answered on Oct 9, 2020

I agree with my colleague. I would add one thing though, and that is parents are entitled to 50/50 parenting time unless the objecting parent can demonstrate good reason why the other parent should not receive 50/50 parenting time. You should speak with a lawyer to determine what rights you have... Read more »

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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Is it possible to file a parenting plan modification without an attorney in Oregon due to safety concerns

My ex and his girlfriend who he lives with are being investigated by CPS. There has been domestic violence in the home and heavy drinking. I want to know if there is a way to make it so they cannot stay overnight until this situation is resolved. The behavior has gotten worse and has been going on... Read more »

Jessica Larsen
Jessica Larsen answered on Sep 28, 2020

Yes, you can file for a parenting plan modification without an attorney. You will need to locate the forms for a Motion to Show Cause re: Modification of Parenting Time on the court website which you can fill out yourself. If you find them too difficult, you should retain an attorney to assist you.

1 Answer | Asked in Family Law and Domestic Violence for Oregon on
Q: I am under adjust status currently with my pending Family-Based Application. My husband is quite not treating me right.

Since we got married on 2018, he is different when it comes to money. Not only that, but also with respect to me. We have a joint account and he gets all my salary. All of his salary only goes to his debt (which is still not fully paid till now). And now he got laid from his work since April 27 and... Read more »

Jessica Larsen
Jessica Larsen answered on Sep 25, 2020

Your question isn't clear from the facts you presented. There is no way you can force your husband to contribute in a more meaningful way to the household. You could seek a divorce, and a lawyer can help you do that.

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Next Step in Child visitation Process

Mother of child took child and moved to Oregon. I am looking to prove paternity and request visitation rights (I currently reside in PA). What is my next step? I don't have any other information on their whereabouts other than currently residing in Oregon. Do I need a PA lawyer or an Oregon... Read more »

Jessica Larsen
Jessica Larsen answered on Sep 25, 2020

It is unclear whether you need an Oregon lawyer or a Pennsylvania lawyer. The state where you should litigate depends on how long the child has been out of the state. If it has been less than 6 months, you should speak with a Pennsylvania attorney, who would likely hire an Oregon private... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: Modifying spousal support in Oregon to indefinite.

I was divorced in 2015. We mutually agreed on spousal support for 5 years. I am permanently disabled under social security. I am seeking a modification to extend support indefinitely. Since my disability was not addressed in the initial divorce would that fall under a change in circumstance or... Read more »

Jessica Larsen
Jessica Larsen answered on Sep 25, 2020

Based on the facts you presented, it is unclear if you will be able to modify your spousal support. If you were disabled before the divorce and you agreed to 5 years of spousal support knowing you were disabled, you will likely not be able to change your spousal support. If, however, the disability... Read more »

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: Son just turned 18 and is at basic for army. Will go to school for ROTC. Can we now pay him directly? Located in Oregon

Ex wife feels she is entitled to that money so we can to know our options

Jessica Larsen
Jessica Larsen answered on Sep 25, 2020

You should be able to pay support directly to your child. However, if you have an existing support order through the Department of Justice, you should make a request to the DOJ that you would like to change who your payments are made to, and the DOJ can make that change.

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: I am looking to change a child support claim, but the obligee currently resides in another state, what is the procedure?
Jessica Larsen
Jessica Larsen answered on Sep 25, 2020

If you have a current child support order in Oregon, you can work directly with the Department of Justice by making a written request, or you can motion the court for a modification.

1 Answer | Asked in Family Law for Oregon on
Q: The parenting plan says, “when the child is not attending school, follow the summer schedule” is distance learning

Considered attending school? Do we stay on the summer schedule or do we go back to the school schedule?

Jessica Larsen
Jessica Larsen answered on Sep 25, 2020

This is a difficult question to answer, because this situation has not been addressed by a court yet, due to the novelty of COVID. For the sake of stability of the children, I would be inclined to think a judge would require the parties to follow the school schedule, despite the distance learning,... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: May a minor with a custody agreement choose to live with only one parent? If so, at what age and what ORS governs this?
Jessica Larsen
Jessica Larsen answered on Sep 25, 2020

A minor that is the subject of a custody agreement may not decide for himself where to live until he turns 18. There are some ways to work around this, such as retaining a custody evaluator or having the court appoint an attorney to advocate for the children's interests. You should talk to a... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Oregon on
Q: Wife asked for a divorce and said she was moving 90 miles away the same day. 3 year old will be in school in 2 years.

In early August my wife said she wanted a divorce and that she was moving 90 miles away within the week. She applied for a new job about the same time and interviewed the day after she told me she wanted a divorce. 7 days later she moved. There was not even enough time to petition for a divorce. We... Read more »

Jessica Larsen
Jessica Larsen answered on Sep 25, 2020

You have a couple of options here. Depending on how long ago this occurred, you may be able to file a motion for status quo to have the child returned to your custody. The court takes several factors into account when determining custody, hometown factors being one of them. You should contact an... Read more »

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: I have 50/50 custody of my children. Can I vaccinate my child without my ex's permission, consent or knowledge?
Jessica Larsen
Jessica Larsen answered on Feb 28, 2019

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 »

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1 Answer | Asked in Family Law and Child Support for Oregon on
Q: I'm 21 yrs old. How I can get the child support my father was court ordered to pay, but he did not?
Jessica Larsen
Jessica Larsen answered on Jan 31, 2019

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 »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: How can I make my daughter laugh mother comply?

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 »

Jessica Larsen
Jessica Larsen answered on Jan 31, 2019

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 »

1 Answer | Asked in Family Law for Oregon on
Q: my ex-husband signed and agreement to pay me 3500 dollars. He has done so. Is there anything I can do.

He signed an agreement to pay it in March of 2018. When every I say anything he just says he doesn't have it. He got everything in the divorce. We were married 37years

Jessica Larsen
Jessica Larsen answered on Dec 31, 2018

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 »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Oregon on
Q: I don’t want my child around my ex’s abusive boyfriend. No custody agreement is in order, only verbal. What can I do?

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?

Jessica Larsen
Jessica Larsen answered on Dec 17, 2018

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 »

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: What do I get for the child support I pay to the other party?

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 »

Jessica Larsen
Jessica Larsen answered on Dec 17, 2018

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 »

1 Answer | Asked in Family Law for Oregon on
Q: I lost guardianship of child to my ex based on lies. How do I get a Family law hearing Jackson Co to present evidence?

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.

Jessica Larsen
Jessica Larsen answered on Dec 17, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I am curious as to when I should file for custody. When I'm stable or now

Father took away visitation without good cause. I am currently not in the best stable jousing situation. But i want to see my son

Jessica Larsen
Jessica Larsen answered on Nov 28, 2018

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 »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Oregon on
Q: Can I deny court mandated visitations if I feel there's a threat of harm?

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... Read more »

Jessica Larsen
Jessica Larsen answered on Nov 28, 2018

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 »

3 Answers | Asked in Domestic Violence and Family Law for Oregon on
Q: I violated a civil restraining order, I sent messages to my wife on Facebook.She is mentally ill /possible sociopath

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 »

Jessica Larsen
Jessica Larsen answered on Nov 28, 2018

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.

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