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 »
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 »
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.
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 »
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
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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?
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 »
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.
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 »
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 »
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 »
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 »
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/
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 »
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 »
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 »
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 »
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