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Questions Answered by Joanne Reisman
1 Answer | Asked in Family Law for Oregon on
Q: 17 and a half years later a woman is saying that I am the father of her child. Can I sue for lost parenting time?

The child is almost an adult. I have never seen him. If she thought I was the father why didnt she tell me years ago?

Joanne Reisman
Joanne Reisman answered on May 2, 2020

I don't know of anyway to sue for this. I have no idea why she didn't tell you. You should ask her that. It may not be true. Keep in mind that being a parent would have obligated you to pay child support. It still can. In Oregon child support is until the child is age 21 if they... Read more »

3 Answers | Asked in Estate Planning and Banking for Oregon on
Q: I live in Oregon. My husband died in August 2019 and has recieved a check. How do I cash it?

He had no estate and I am his only survivor and beneficiary.

Joanne Reisman
Joanne Reisman answered on Apr 26, 2020

Did you have a joint account? If so, you can just deposit it in your joint account without any endorsement. It should go right through. I would do it through an atm or a banking app and not in person at the bank as they might ask questions. As long as you are 100% sure that the money is yours... Read more »

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2 Answers | Asked in Car Accidents for Oregon on
Q: My wife just got in a accident with my 2 month old son in the car with a unlicensed driver who was only 15.

Our cars breaks didn't react fast enough to stop and they t-boned the car on the side my son was sitting. Everyone is fine, besides for bumps and bruises. I'm wondering what to do beyond filing with insurance, which has already been done? And what to expect?

Joanne Reisman
Joanne Reisman answered on Apr 23, 2020

Well you should work with your own insurance assuming you have the coverages you need. First, you have PIP (Personal Injury Protection) which will cover the medical bills for everyone in your car so you all can immediately start getting any medical treatment you need. You each have up to $15,000... Read more »

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1 Answer | Asked in Tax Law, Family Law and Child Support for Oregon on
Q: My spouse claimed me and our two kids on taxes and stimulus payment then moved and kept all of our money. Is this legal?

He waited till he got all the money in his bank and moved in with his new girlfriend. Has not provided anything for me or house or children.

Joanne Reisman
Joanne Reisman answered on Apr 21, 2020

Not sure I understand everything that is going on and you will probably have to have a one on one with a lawyer at some point to sort this out. Courts are pretty much close right now so you won't get a hearing any time soon to order him to pay support but the child support offices are... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Our landlord has put up a for sale sign in the yard and want to show the house tomorrow. Are they allowed to do this?

I’m asking primarily because of covid-19 and we have been sick (untested).

Joanne Reisman
Joanne Reisman answered on Apr 17, 2020

Under normal circumstances a landlord should be able to set a time to show the house that they are renting. But the Governor's emergency order forbids social gatherings and require people to shelter in place. So this could be violating the governor's order.... Read more »

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1 Answer | Asked in Child Custody for Oregon on
Q: Father has sole custody and trying to move kids over 400 miles away. Will the court allow him?

I ran away from my ex husband because he was mentally abusive. My kids were safer there than living with me in my car and I believed him when he said he wouldn’t take them from me.. fast forward 3 years and I am living back in the same town. Have the kids as often as he will allow me to according... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 17, 2020

A short post and response on social media is not going to be sufficient to address your concerns. Also it exposes your discussion to the public. For this type of situation you really want to make an appointment with an Attorney and have a private consultation where you can freely discuss the... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Can a parent with sole custody determine who pu and returns children for weekend visitation if not noncustodial parent?

Noncustodial parent has girlfriend who has harassed and threatened custodial parent to where it is confrontational when she picks up 3 minor children for father. Text messages back it all up. Motion to prevent her from being present or alone in picking up children or from driving them to Seattle... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 15, 2020

No you can't unilaterally dictate terms of your parenting plan. You can change it by mutual agreement with the other parent. I am going to assume that this isn't likely.

If the parenting plan doesn't specify who picks up the children and you are having problems with...
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1 Answer | Asked in Child Custody for Oregon on
Q: Can my 17 year old son file for custody and parenting time for his son. He has not been allowed to see him.
Joanne Reisman
Joanne Reisman answered on Apr 15, 2020

Previously asked and answered: https://answers.justia.com/question/2020/04/15/my-17-year-old-son-has-a-child-he-is-not-761195?utm_medium=email&utm_source=answers-answerer&utm_campaign=question-asked-subscription&utm_content=button-answer-question-1

1 Answer | Asked in Child Custody for Oregon on
Q: My 17 year old son has a child he is not allowed to see. Is he old enough to file for custody and or parenting time
Joanne Reisman
Joanne Reisman answered on Apr 15, 2020

I am going to assume that he is in Oregon as your location is stated to be Washington State. The laws vary from State to State and I only practice in Oregon. Your son is not considered a legal adult at age 17 and while he should have rights as a father I believe he would need a guardian ad litem... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: Due to Covid-19, Do I have the right to keep my child home with me in his primary home even if there is a custody order?

I have joint custody of my child. He spends 5 days of the week with me and 2 days of the week with his other parent. The custody order is for 50/50

Now because of the stay home order due to Covid-19 I'm wondering what my legal rights are to keep him home with me in his primary home... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 11, 2020

The Oregon's Family Law advisory committee has issued an guideline for parenting time during the pandemic. Most courts have adopted this as an order for cases within that county's courts jurisdiction. You can read my summary of this advisory and go to the links I provided in this blog... Read more »

6 Answers | Asked in Car Accidents and Insurance Bad Faith for Oregon on
Q: Why is the insurance company forcing me to use my PIP to reimburse me for my lost wages for a non-at fault accident?

I was in an accident were liability was determined to be completely the other drivers fault. Both of us have the same insurance carrier (Progressive). The insurance company forced me to use my own PIP to pay my medical bills. I would have rather not used my own policy (PIP) and filed a third... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 8, 2020

First of all, why in the world don't you get an Attorney to help you with your case. You ALWAYS get more money overall when you hire an Attorney so after paying a percentage to your Attorney you will at least get as much as you are going to get trying to do this yourself.

Your...
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1 Answer | Asked in Divorce and Family Law for Oregon on
Q: I am currently going through a divorce, and have a restraining order filed on me since November for false accusations.

We also have two children that I have not seen since November. We agreed on a parenting plan in court, and than I found out dhs and liberty house were investigating, I was told if there was no fault, visitation would begin in January. DHS finally called me last month and said there was no fault,... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 6, 2020

You will need to contact an Attorney directly and ask for assistance. Justia only offers you the chance to ask questions and meet Attorneys who have profiles on Justia. Sadly the courts have very limited services and are not setting trials until the emergency pandemic orders have lifted. Most... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Oregon on
Q: My nephew is still married but doesn't live in the house anymore because his wife was beating him up. He did not call p

He has not charged her. Now she is keeping the kids from him. There is no custody order and he believes the kids are not in a safe place. If he gets visitation, does he have to return them?

Joanne Reisman
Joanne Reisman answered on Apr 5, 2020

An Attorney cannot practice law by proxy. This is your nephew's issue and he needs to be the one to contact an Attorney for advice. Often people in frustrating situations will tell friends and relatives a very biased version of the facts because they are seeking sympathy and validation, not... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: Can anyone demand payment for anything from me if I have a living estate.

The next of kin whom recieves the property upon my death is demanding payment from me for my kids living here

Joanne Reisman
Joanne Reisman answered on Apr 4, 2020

First of all I have never heard of a living estate. Maybe you mean a revocable living trust? If that's what you mean putting you property into your own revocable living trust doesn't make your property unavailable to your creditors, least of all your obligation to pay child support.... Read more »

3 Answers | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Oregon on
Q: What legal action could/should I take regarding long term low level carbon monoxide poisoning over the past 6 years?

My family and I moved into our rental 6 years ago. Recently Our Security system we just bought picks up general air quality ie. pollen, cooking odors, methane, dust and carbon monoxide. It was detecting abnormal air quality the past week that we've had it. I double checked our smoke... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 3, 2020

You may very well have a case for personal injury IF and I mean a big IF you can tie the carbon monoxide leak to your health issues. I want to warn you that just because you read somewhere that carbon monoxide can cause headaches and other problems, this doesn't mean that you can prove that... Read more »

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1 Answer | Asked in Personal Injury, Business Law and Employment Discrimination for Oregon on
Q: What can I do if my job is at high risk of giving me covid? It is a crowded place, and it isn't essential

I work in a call center, we are more than capable of doing this job from home, they aren't allowing us to work from home, but they're not doing anything but putting our lives at risk. Every single person that works there gets sick if so much as one other person gets sick. The job that we... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 31, 2020

Assuming you are in Oregon Governor Brown's order expressly banns office work when the work can be done from home. https://www.opb.org/news/article/oregon-washington-northwest-coronavirus-cases-live-updates-march-23/ This article explains where to report a suspected violation:... Read more »

2 Answers | Asked in Bankruptcy and Real Estate Law for Oregon on
Q: As a buyer can I be sued by a seller (in bankruptcy and already has court approval to sell home) if I breech contract?

Tried to back out of contract but bankruptcy lawyer is threatening I will be sued by sellers or bankruptcy court if I don’t follow through with sale. Bankruptcy was never disclosed to us in purchase and sale agreement (only in addendum stating “sale of home contingent on court approval”) the... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 31, 2020

This is a complex situation which really requires a lawyer to know all the facts and review all the documents before they can advise you. All I can tell you is that the Bankruptcy Lawyer is motivated to get top dollar for their client. They need to sell the house for more than is owed on the... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My roommate continues to bring his girlfriend over to our house even though she has stolen from us. What can I do?

We've kicked her out before but she continues to come into our house. When we tell her to leave she directly ignores us and he continues to bring her here without our permission. She stole a gold necklace from our bathroom and caught her wearing it but we have no physical proof just what... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 30, 2020

This isn't a family law problem. This is in the ball park of a landlord tenant or contract issue. You can't control who your roommate invites over. You can report the theft to the police if you think there is sufficient proof that the police will be able to pursue the complaint. You... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: What can i do if non custodial parent won't return child at end of court agreed upon visitation time in oregon.

Police have gone with me but she refused to open door so they told me it is a civil matter.

Joanne Reisman
Joanne Reisman answered on Mar 27, 2020

This is typical of the police but sometimes they are much more helpful if you have a certified copy of the Judgment and parenting plan which leaves no doubt that you are entitled to have the child at that point. There can still be a problem if it isn't clear that you get the child at that... Read more »

1 Answer | Asked in Probate for Oregon on
Q: If a divorce decree relinquishes rights to property does that person have rights if former spouse didn't file quitclaim?

mom divorced dad, dad gave money to mom for her part of property. Never filed quitclaim as far as i can tell. This was in Oregon.

Joanne Reisman
Joanne Reisman answered on Mar 25, 2020

Not sure which parent you are asking on behalf of. But the parent you are concerned for needs to be the one to investigate this issue. First, they need to read the Divorce Decree and see exactly what it says. If it identifies the property by stating the legal description and clearly identifies... Read more »

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