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Questions Answered by Steven Leskin
2 Answers | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: My son's father pays child support because i gave child support all of his information on his place of employment. He c

Can have visits but does not and does not call or check in regularly, sometimes 2 weeks without contact. If I were to petition to change his surname to mine or add to his via hyphen, would I have to get content from the father?

Steven Leskin
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answered on Jan 8, 2024

I might suggest the following:

The child will become an adult at 18. At that point, your son can legally change his own name to whatever he would like. This option gives your son agency to make his own determination as to what he would like to be called independent of his fighting parents....
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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Can I file a order of dismissal or a quashed order for improperly being served a motion to modify custody?
Steven Leskin
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answered on Dec 19, 2023

The Oregon Rules of Civil Procedure detail how any court document is supposed to be served. If a particular document is not served accordingly, you can assert an affirmative defense of improper service. In some cases, the requirements for service are very particular, and the court will dismiss an... View More

1 Answer | Asked in Family Law and Legal Malpractice for Oregon on
Q: My lawyer admits, in "privileged" email, he failed to convey my offer.

I won my Oregon family law case. And I was awarded the attorney fees. But the Judge's ORCP 68 Fee Findings faulted me personally [citing "reasonableness and diligence of the parties" ORS 20.075(f) ] for failing to engage in Settlement talks, and for failing to submit a... View More

Steven Leskin
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answered on Dec 8, 2023

I do not know that there is a right answer for this.

You might ask the attorney to write the judge directly and concede his error. He needs to do this sooner rather than later. He may be reluctant to do this if his error impacted your case.

Since there are statutory time constraints...
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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can I file for Temporary parenting time orders until the final judgement is decided? I'm the petitioner and father.

I filed a petition for parenting time and child support for my daughter who is 2. Her mother was extremely bitter after we separated. Its been a year this month, and I have consistently seen my daughter and have paid her child support each month consistently. I began dating someone this last June,... View More

Steven Leskin
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answered on Dec 8, 2023

You can ask the court for interim custody, child support and parenting time. You don't say which county you are in or how long ago you filed your Petition. You might call the family law docketing clerk and ask when you will get a trial or when you might get a hearing on temporary custody. It... View More

1 Answer | Asked in Banking, Divorce and Family Law for Oregon on
Q: In Oregon can I move my paychecks out of our joint account prior to divorce being filed?

I have been separated from my spouse since May 2023. Both our paychecks go into a joint account along with shared bills. Am I allowed to move my paychecks to another account before the finalization of the divorce?

Steven Leskin
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answered on Dec 1, 2023

The best way to handle this situation is to discuss with your spouse how you will handle the joint account going forward. Your spouse will want to move his/her payroll deposits as well to an individual account. You should discuss the timing, and how much you will each contribute to the joint... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Oregon on
Q: can ex's new wife decide if i can speak with my son or not

recent marriage and she has called me to yell at me for giving my son a sinus nasal spray, she doesn't communicate with me and tell me that she took my son to the ER, She told me that there is no court order that says she has to let my son talk to me?

Steven Leskin
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answered on Oct 13, 2023

A step parent has no legal authority over a child. The legal authority is reserved to the biologic or adoptive parents. Unless there is a court order, a new spouse married to an ex does not have any authority to decide how to raise the child and certainly cannot tell you whether you can or cannot... View More

1 Answer | Asked in Family Law for Oregon on
Q: I have 2 sons age(20) and (22).in 2014 their father took them out of state without my permission,I never got them back.

It's been a nightmare ever since the day they were taken up until now, especially when they turned 18.i felt helpless wish I would of tried to find legal help,as far as my rights to know my childrens whereabouts,and visitation rights I raised them from the day of conception until they were 10... View More

Steven Leskin
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answered on Dec 8, 2023

You cannot kidnap your own child.

Unfortunately, you do not have much recourse now as both children are adults.

The court cannot order the other parent to return them to you.

I am sorry that you are in this situation.

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: How much are legal fees to file a QDRO in Bend, OR for an uncontested divorce? Divorce was filed online by Petioner.

It is our understanding that no penalty is assessed when a QDRO is filed as part of a divorce settlement. The receiver of funds would have to pay taxes on that money, correct?

Steven Leskin
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answered on Dec 1, 2023

Quite honestly, your question shows such a mis understanding of the way a divorce is handles, I would urge you to speak with a local attorney - particularly where a present retirement account needs to be divided years in the future.

Generally, attorneys hire other attorneys to prepare...
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