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Questions Answered by Steven Leskin
1 Answer | Asked in Estate Planning and Family Law for Oregon on
Q: In California can friends make end of life decisions based on an emergency contact when the next of kin is available.

If there is no power of attorney or will. Even after in the beginning the friend was allowed to make decisions for the family member when the said patient first was in the hospital?

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answered on Jun 13, 2024

A "friend", whether it is a romantic partner or a life long friend or even man's best friend, has no rights to make end of life decisions unless that person is named in an advance directive as the decision maker. The hospital will have a procedure it follows for making these crucial... View More

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for Oregon on
Q: my ex's girlfriend keep me from having video visits with our girls the judge ordered she won't give them the phone

The judge in Jackson county Oregon made a judgement of video visits 2xaweek and my ex's girlfriend only has a phone in the house and she goes on there won't give them the phone to visit me and says they don't love u they don't want to talk to you and hangs up or sometimes no... View More

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answered on Jun 13, 2024

The language of the parenting plan controls your visitation with your kids. The ex's girlfriend does not get a say in your relationship with your children.

You need to document what is occurring. After you have some documentation, you can go to the Jackson County Courthouse and ask to...
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1 Answer | Asked in Family Law for Oregon on
Q: If a parent. plan has spec. dates listed, can the other parent extend their visitation past the dates without permission

I have specific dates listed on my parenting plan and my children’s father is scheduled to have them while they’re still in school (he lives out of state) I’ve been tirelessly trying to work with him and plan our summer for months and to see if he wanted to extend his dates or change them. He... View More

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answered on Jun 13, 2024

The language of the parenting plan controls.

If you did the divorce yourself, it is likely deficient in spelling out exactly what the rights and responsibilities are of each parent. You should not need to work tirelessly to arrange parenting time. Those details should be in the parenting...
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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?
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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

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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

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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?

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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?

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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 and Child Custody for Oregon on
Q: How do I petition the court for visitation with my 2 children if I don't know where they are? I live in Oregon.
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answered on Sep 2, 2024

You do not give enough information to meaningfully answer this question.

Has there been a custody proceeding between you and the mother? Has there been any other court involvement? Are you currently paying child support? Were you and the mother married? Was there domestic violence between...
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1 Answer | Asked in Family Law and Child Support for Oregon on
Q: Can I get my driver's license suspension for back child support lifted?
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answered on Jun 13, 2024

You need to contact Oregon Department of Justice/Child Support Division and request that they notify Oregon DMV that your child support is current. Once DMV is notified, DMV should reinstate your license.

3 Answers | Asked in Divorce, Estate Planning and Family Law for Oregon on
Q: In my divorce it states that I would give him the house with the condition that if anything happens to him the house

Would go to my daughter. He is getting married at the end of this month and my daughter is concerned. How do I protect her interest.

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answered on Jun 13, 2024

Your question does not provide enough details to meaningfully answer. What does it mean "You would give him the house." Is he on the mortgage? Are you solely on the mortgage? Are you jointly on the mortgage? When would you give him the house? Do you own the house outright? If so, why is... View More

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1 Answer | Asked in Family Law and Domestic Violence for Oregon on
Q: Child name change with parent not involved since 2017

I have a child with a parent who had assaulted me in the presence of the child in 2017 and has not had contact with them since. They were arrested, charged and took a plea deal. I would like to change his name but want to avoid this other human being as much as possible. I was trying to figure out... View More

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answered on Mar 8, 2024

Search Google for Oregon Minor Name Change. The first answer will be a fact sheet from the Oregon Judicial Department. Follow the instructions. It is pretty straightforward.

Hope that helps.

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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