Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Joanne Reisman
1 Answer | Asked in Child Custody for Oregon on
Q: Can my ex file for custody after i have had sole custody for 2yrs?

He wants me to change custody because his work wont let him leave if the kids had medical issues like hospital. So he said he has to have some part of custody for him not to be fired if something happened and he needed to leave work. I have had sole custody for 2 yrs which he agreed and he gets to... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 25, 2020

Extremely unlikely. A change of custody requires proof of a SUBSTANTIAL change of circumstances. Honestly I have never heard of an employer saying that in order to attend to a sick child and not lose one's job one has to have custody. I would suggest that you and he contact BOLI,... Read more »

1 Answer | Asked in Probate for Oregon on
Q: I can still be the PR for my moms estate if ive been convicted of a felony but had my record expunged & cert of rehab
Joanne Reisman
Joanne Reisman answered on Mar 24, 2020

That would be up to the court. You would need to disclose the details in the Petition. It also would depend as to whether anyone else wants to apply or if they object to your appointment. The court is likely to require a bond so you might want to make sure that you can be bonded.

2 Answers | Asked in Estate Planning for Oregon on
Q: Can I stipulate in my will that the house, which is in my name, cannot be sold, but husband can continue to live there?

There is no mortgage. I want the monies from the sale of the house to go to our children, not husband.

Joanne Reisman
Joanne Reisman answered on Mar 23, 2020

What you want to do is create a life estate for your husband and have your children be the remaindermen who get the house. It sounds like a good idea but it can create problems. For example if your husband has to go into skilled nursing care someone will have to rent the house and use the rental... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: My child’s mother and I are unmarried. After paternity is established (DNA TEST), how is custody established?

She is still legally married but separated from her husband, we plan to get me recognized as the father through CHS DNA testing- But when and how do I obtain rights for visitation/custody? Is it automatically granted or do I have to pursue it in court? I live in Ashland, Oregon

Joanne Reisman
Joanne Reisman answered on Mar 21, 2020

Paternity when the mother is still married to another man can be tricky. I suggest you read this statute and talk to an Attorney. https://www.oregonlaws.org/ors/109.070 You don't have any rights to custody or parenting time until paternity is established.

2 Answers | Asked in Elder Law and Estate Planning for Oregon on
Q: How do I setup a conservatorship?

I live in Eugene, OR. My father is in Yucca Valley, CA in memory care facility since 1/2019. His wife had control of his advance directive and finances. After urging for months she put me on the HIPA and efforts were being made by social worker to get me added to the advance directive. However, she... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 17, 2020

You need a California Estate Planning and Elder Law Attorney. Any property that goes to your father my be subject to a Medicaid lien for the cost of his care if he is using Medicaid to pay for his care. If the property was in his wife's name only, then it will pass to her devisees if she had... Read more »

View More Answers

2 Answers | Asked in Bankruptcy and Foreclosure for Oregon on
Q: If someone files bankruptcy to stop home foreclosure but passes away before it's final, what happens to the home?

Also, if the bank will take the house for what's owed to them, can the surviving family take over the debt so that they can keep the house?

Joanne Reisman
Joanne Reisman answered on Mar 17, 2020

The bankruptcy ends when the person who filed dies. The house not having been foreclosed now belongs to who ever inherits the deceased owner's interest in the house subject to other claims by the deceased owners creditors which may or may not require a probate to sort out. Any foreclosure... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Oregon on
Q: My sister's husband died he was the only one on the title and the loan of the house. She doesn't know what she is to do
Joanne Reisman
Joanne Reisman answered on Mar 14, 2020

She needs to talk to a lawyer who can help her figure out if she inherited the house either because of Oregon's intestacy laws if the husband didn't have a Will or because the Husband did have a Will. If there were no step children by the husband and he didn't have a Will, the... Read more »

1 Answer | Asked in Contracts and Communications Law for Oregon on
Q: Can a mechanic charge me 20% of the price of a part I no longer want?

Been dealing with a mechanic about 3 weeks. Ordered a part I needed a week ago told me it would be in within the next week. Asked him about when it would be put in this week. And now hes told me another week out, I decided to go somewhere else and now he wants to charge 20% of the price of... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 11, 2020

It's hard to say but unless he promised you in writing a date by which he would have your car fixed I think you are being unreasonable and you should either pay for the cost of returning the part which he only ordered for you or just let him finish the job and have him guarantee in writing... Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Oregon on
Q: How can my daughter ask to use her toy hauler from husband if they have a no contact

My daughter filed divorce and restraining order her husband has possession of a camp trailer the purchased that shows her as the buyer on bill of sale she wants to use the trailer but she has no idea where he has stashed it how can she go about recovery of this she has it in divorce papers as an... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 10, 2020

Look, getting away from a domestic violence is far more important than a toy hauler. She should research the value, and ask the court to include the value in the division of assets. The court then tries to divide the property equally and can award money or physical property. The path of least... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: If an 18 year old has mental disabilities, can a parent keep full custody until they are 21?

My significant other is 18, and wants to leave her household. Her adopted mother is saying that she cannot leave until she is 21. My significant other is terrified that this is true. And therefore, is terrified to leave. Is this a possibility? Or are the fears unjustified?

Joanne Reisman
Joanne Reisman answered on Mar 10, 2020

At age 18 the disabled child is legally an adult. However anyone who feels that they are disabled to the point they need assistance can apply to the court to be appointed as their legal guardian. It is a scientific fact that the brain of any human doesn't reach full maturity until age 25.... Read more »

2 Answers | Asked in Probate for Oregon on
Q: My mom passed away and left my cousin as representative . My cousin doesn’t want to do it, can she change it to me?
Joanne Reisman
Joanne Reisman answered on Mar 10, 2020

Possibly. She can certainly nominate you. There is a statute that says who the court may give priority to in appointing a PR and it also says that certain people can't be PR such as people with felony convictions. It also will depend on whether any other devisee to the Will decides to object.

View More Answers

1 Answer | Asked in Employment Discrimination, Employment Law, Family Law and Juvenile Law for Oregon on
Q: Would I be able to work as a"runaway" and are my parents able to prevent me from working in Oregon?

I live in Oregon and I'm seventeen. I graduated early a few months ago, I have a full time job and my birthday is in September. This is my first time living in Oregon with this parent because I moved in after I graduated and I was a resident at Job corps for a year before that. It's just... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 7, 2020

You are technically not able to commit to any legally binding agreements until you turn age 18 unless you get emancipated by a court proceeding. It probably isn't worth the time and money to file for an emancipation when you are only months away from turning 18. I suppose you could move out... Read more »

1 Answer | Asked in Car Accidents for Oregon on
Q: While exiting a clearly marked parking spot the vehicle next to me opened their door causing the wheel well on my trailo

Damage to their door who's at fault

Joanne Reisman
Joanne Reisman answered on Mar 3, 2020

Your post has an incomplete sentence. Please re-post with the details more clearly explained.

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can I move out of the country to mexico with my 10 yr old daughter to assist my mother who is recovering from a stroke?

I live in Oregon and have a custody agreement with my 10yr olds Birth dad, the parenting plan grants me sole custody and has her spend time with her BD every other weekend Sat 10am-Sun 7pm, with all holidays, summer, and special days included in the plan to be shared. To give a quick back story... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 3, 2020

Impossible to answer without reading all the terms of the parenting plan. Most custody parenting plans includes a clause that requires notice to the other parent before moving 60 miles. Even if your plan doesn't have that requirement the father could still object. Ideally you talk to the... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Oregon on
Q: I'm wanting to buy property and have reached the seller but his sister who is also on the deed is mia

The sister has not been able to be reached in years

Joanne Reisman
Joanne Reisman answered on Mar 1, 2020

You are not going to be able to buy the property until the sister's interest is resolved.

2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: Can a house be held in a Supplemental Needs Trust? I though that a house is not defined as a supplemental need.
Joanne Reisman
Joanne Reisman answered on Mar 1, 2020

This is a pretty complicated situation that needs to be discussed with an Elder Law Attorney. Here is one article that points out some of the issues: https://www.specialneedsalliance.org/the-voice/buying-a-house-for-a-special-needs-beneficiary-proceed-with-care-2/

View More Answers

1 Answer | Asked in Family Law for Oregon on
Q: I live in Oregon 3 children 5,8,11 have an agreement to pay cs, ex is going on ssdi does that affect me pos. Or neg?

Just curious if this affects me such as I still have to pay or can get it modified to less? I am a low income pay earner at present

Joanne Reisman
Joanne Reisman answered on Feb 26, 2020

Once your ex qualifies for SSDI the children under age 18 will also be entitled to get social security checks I believe. So the child support needs to be recalculated using your ex's SSDI, your income, and somehow the SS payments to the children also need to be factored in. I would have to... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Social Security for Oregon on
Q: Can a house that is in a Supplemental Needs Trust be transferred to a private party?
Joanne Reisman
Joanne Reisman answered on Feb 26, 2020

Supplemental Needs Trusts are very tricky and if mismanaged can cause the beneficiary to be deemed to have assets that are counted against their eligibility for Medicaid which is usually the purpose of setting up the trust. To insure that you get good advice you need to take the trust to an... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Oregon on
Q: What forms do we need to file with the courts to become executure of the estate
Joanne Reisman
Joanne Reisman answered on Feb 22, 2020

Assuming this is an Oregon Case, there are no do-it-yourself forms for probate. You really need to speak to a lawyer. Also a probate may not be necessary.

View More Answers

1 Answer | Asked in Child Custody and Divorce for Oregon on
Q: My wife left me and my son a few months into our marriage but she won’t sign the divorce papers how can I get divorced

I also have our son (3) and have been taking care of him full time and want custody but I’m not on the birth certificate due to emergencies in the hospital, our son was flighted and my wife couldn’t go so I went with him and missed signing it how can I get full custody. She’s been gone and... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 21, 2020

I think there is a presumption that you are the legal father since you were married to the mother. You can probably file for a divorce and include allegations to establish your paternity as well. It's a bit tricky and the on line forms probably aren't set up to do this, so get an... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.