When I was 19 my dad was awarded custody of my.son when he was 3. I got my life together and when my son turned 6 he moved back in with me. He has lived with me for over 2 years now can my dad still take him away from me whenever he wants do I have rights
It sounds like you are in a good position to Petition the court to return your son to your custody. This would prevent your father from asserting his right to custody which he technically still has since the only court order at present gives him custody. But I want to caution you to speak to an...Read more »
I don't see how this is a personal injury question. It sounds like you are asking about a criminal charge. Try re-posting this as a criminal law question. To be liable in a personal injury lawsuit the defendant only needs to be found to be negligent in their conduct which caused the injury.
She left 10 years ago with my 2 kids (one child Im not sure about paternity). I had no idea where she was until yesterday, Now she says she wants support, and that Im going to owe her for the past ten years unless we come to some agreement. We were never married. She is married and living in... Read more »
Generally speaking she would only be able to get child support from the date that you are served with papers to establish child support and going forward. That's what normally happens although there may be some exception that I am not aware of. Since this would likely be handled by the child...Read more »
There may well be a problem and no one can tell you if there is or isn't because only your uncle, I assume, has the estate planning documents he executed which should include a Will. He could have also put someone else's name on the property deed creating a situation where this other person...Read more »
I owe arrears child support and I want a credit for the 2 years I had the child. Can I go back and have it changed so my ex has to pay me child support for the 2 years I had my child and was still being charged child support?
You can ask Support Enforcement to give you credit for child support you were paying or would have paid during the time your child lived with you. (You might need to hire an Attorney to help you.) You can't go backward and ask your ex to pay for support for that time period. The best you can do...Read more »
The daughter will need to take the Will and the deed to a lawyer and discuss the situation before it can be determined if any further action is needed. Hopefully the deed was a transfer on death deed not just any type of deed because there is big different in tax consequences. Daughter will...Read more »
If the other parent is the custodial parent you have a duty to return the child to them when your parenting time as stated in your parenting plan is done. You don't let the child decide, you put them in the car and drive them home. The other parent doesn't need to mediate with their own child,...Read more »
A creditor has standing to file a probate or file a small estates affidavit. However you should definitely discuss this with a probate Attorney as there may be nothing in the probate estate to make filing such a proceeding cost effective. Certain property previously owned by the decedent can...Read more »
Seeing that a minor child participates in court ordered visitation is the responsibility of the parent not the child. Absolutely take the father back to court as it is obvious he is not disciplining your son in a way that insures that you get your visitation.
Probate is not ever required by Oregon Law. Probate is a tool that you may or may not need to transfer property, real or personal, of a decedent to the heirs or devisees. So you need to evaluate if your situation is such that probate is necessary. You also need to be familiar with Oregon's...Read more »
You should have made sure that the divorce decree awarding you the house contained the legal description of the house you were awarded. Then you only need to take a certified copy of the divorce decree awarding you the house to who ever you need to make changes. So if your decree doesn't contain...Read more »
Your uncles should get a personal injury Attorney. Since you say you weren't at fault your uncle's Attorney will likely look to the other driver and their insurance for damages. Similarly an Attorney can represent your two boys against the other driver and their insurance.
Technically you can evict your husband from your home or another residence. Be sure to follow landlord tenant rules so you do it properly. However be warned, your husband could turn around and file for a divorce and seek remedies like getting spouse support from you to help him pay for his living...Read more »
I have filed Small estate affidavit and am personal rep. in lane county,Oregon , and I can’t get banks to deposit the check for me. I know that court will not provide letter of appointment or Administration or executorship or Authority or Domiciliary or an order Probating will and Appointing... Read more »
You should have requested a court certified copy of the small estate affidavit that you filed. Get at least two court certified copies. This serves the same purpose as a letter of administration. You take this with you and show it to whoever you are dealing with.
my ex says that because she has a half day i am supposed to get her from her after the time that school would let out. i thought that once she dropped her off at school i would pick her up at school regardless of what time school got out
The current terms of your parenting plan control if you and your ex can't agree. If it says "Friday after school" then you get to pick her up after school, whatever time that is. If it states a particular time, then maybe it isn't clear. If this is going to be an issue just go back to court and...Read more »
Is probate still required to finalize his death and get the Social security death benefit? Even though he has no estate, and no assets? What exactly are the steps that have to be taken besides paying for his cremation, which is already done.
No, there is no requirement to file a probate in Oregon. There is a website where you can apply for the small social security death benefit and it tells you who qualifies to apply. If it turns out that you find assets that need to be dealt with, you may have to consult with an Attorney about how...Read more »
I have sole custody of our 2 daughters 9 & 10 yrs old. My ex was only granted every other weekend. He picks them up for his scheduled visits but is always txt me that hes waiving his right to them. Can he do that? And if he doesnt file paperwork is there anything I can do.? Its not the 1st or 2nd... Read more »
Your ex isn't legally required to exercise his parenting time with his daughters. So if that is the issue and his flakiness is interfering with your ability to plan I would go back to court and get a modification that makes your life easier. For example you can modify the parenting time plan so...Read more »
I assume you are referring to the Oregon Statute that lists financial information both spouses in a divorce are required to share. ORS 107.089 https://www.oregonlaws.org/ors/107.089 Once you serve this form on your spouse he is required to give you the documents listed under this statute. You...Read more »
Electrocuted? Then you are dead now if that's what you mean. Probably you got an electric shock. Unless this caused a medical problem where you ended up needing medical treatment this isn't going to be the type of case that most Attorneys could find a way to take economically. So if you did get...Read more »
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