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Questions Answered by Vincent J. Bernabei
2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Oregon on
Q: What are my options in either hyphenating or changing my daughter's last name without my ex husband's consent?

When my daughter was born i was engaged to her father. It seemed only natural that she should have his last name. We got married and then within a year we divorced. I never took his name. I have full custody and he has limited parenting time which he has barely used. Cumulatively he's spent... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 24, 2017

You can use whatever name you want for your daughter, as long as it is not for fraudulent or deceitful purposes or does not violate a court order. Joanne's answer below is correct: To legally change your daughter's name, you would ordinarily have to give advance notice to the other... View More

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1 Answer | Asked in Probate for Oregon on
Q: Will I have to pay back money I withdrew from my roommates account as was his request should he pass away and I was to

Consider it mine as we shared a home and expenses. His son believes he should have that money and is threatening me daily. Can he have me brought up on charges like he's threatening and will I have to give him that money? My roommate suffered a heart attack and died one week later. During that... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 24, 2017

If you were not a joint owner of the account, or if you were not named as the beneficiary of the account upon the death of the account holder, then the money is not yours and you must return it to the Personal Representative of the Estate. You should make a claim against the estate for your... View More

1 Answer | Asked in Child Custody for Oregon on
Q: My ex-wife says she wants to give me custody of our 7 year old daughter, how do we go about changing custody?

My ex currently has sole custody and i have visitation. She wants to change custody because of her health and living situtation

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 24, 2017

You can change custody by agreement by submitting to the court a signed stipulated supplemental judgment modifying custody. An attorney or mediator can assist you in preparing the supplemental judgment.

1 Answer | Asked in Child Custody for Oregon on
Q: The custodial parent was founded 10 years ago through CPS a month ago CPS open up a case is that enough to change a cust

He was founded 10 years ago 12 years ago for molesting a little girl no criminal charges he was never convicted. He has been the custodial parent for 3 years a month ago CPS opened up a case on him and my sister because they were allowing my daughter around a sex offender is that enough to change... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 24, 2017

It is difficult to change legal custody because the court wants to promote stability in the child's life. Even so, you may be able to show a substantial change in circumstances that justifies a change in custody. The custody determination is based on many factors but ultimately it comes down... View More

1 Answer | Asked in Child Support for Oregon on
Q: If you impregnate a women that you are not involved, can we create a waiver that gurantees I cannot be forced to pay CS?

I would like to help give a women who I am not involved with a baby but am concerned about being forced to pay child support etc in the future so I am attempting to see if there is a way to ensure that cannot happen. She says she does not want or need any child support or anything from me and would... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 24, 2017

You may successfully donate sperm and eliminate all of your parental rights and responsibilities for the child in Oregon. You will need a detailed contract prepared by an Oregon attorney.

1 Answer | Asked in Family Law for Oregon on
Q: does non custodial parent have any rights?

Dad has soul custody, parenting time is 50/50 with one week on one week off both parents. Dad has denied phone contact this week so far and has denied any information to mom Re: school. Mom wanted to meet child at school for 1st day of K. What rights does mom have being the non custodial parent... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 24, 2017

You and the father have equal rights. These should be spelled out in your parenting plan. Even if they are included in the parenting plan, some parents try to interfere with the other parent's rights. In those cases, he will get away with whatever you let him get away with. The best way to... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: What precautions do I need to take if I were to allow my neighbor shared use of my land?

Our neighbors house is seperated from ours by a 5 meter gap. There is a fence that sits approximately 1 meter away from their house and 4 meters from ours. Our neighbour has suggested that they take the fence down and install vegetable boxes for shared use. While I'm not against this in... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 24, 2017

You should document the agreement in writing to confirm that their use of your property is permissive. That way, they or those they may sell to, can't later claim adverse possession of the area. This can be done with a signed letter agreement.

1 Answer | Asked in Divorce and Real Estate Law for Oregon on
Q: How can I have my name removed from a home equity line of credit loan?

In the divorce, I was awarded the house and my ex was required to pay off the home equity line of credit. I want to take his name off the house and take my name off the loan so I can refinance.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 24, 2017

If the General Judgment of Dissolution of Marriage includes the legal description of the home and awards the home to you, then you are the legal owner of the home. Ordinarily, your judgment should also require your former spouse to sign a deed conveying his interest in the property to you. If the... View More

1 Answer | Asked in Family Law and Juvenile Law for Oregon on
Q: What would happen if i left my house 4 months before turning 18?

I'm 17 and currently living in clackamas county with my aunt and uncle who have league guardianship.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 23, 2017

Legally, not much would happen. You would be cold and hungry unless you have some place to live and a job. If you are in public school, you can contact a counselor to arrange for free meals and public transportation. I suggest you patiently wait until you are 18, and then you can do whatever you... View More

1 Answer | Asked in Family Law for Oregon on
Q: My son's Father and his attorney have put the wrong child's name on the child support paperwork. Do I need an attorney?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 23, 2017

You may need an attorney if the General Judgment in your case incorrectly identifies the child for whom support is to be paid. First, contact in writing the attorney who made the error, notify the attorney of the error, and let the attorney know a corrected judgment needs to be entered. If that... View More

1 Answer | Asked in Civil Rights and Personal Injury for Oregon on
Q: Is it legal for the news media to show a video of my car's license plate in an unrelated car theft report?

A stolen car was recovered in our cul de sac. The news media covered the story. They interviewed the owner of the car and videoed the driver leaving the cul de sac, the video zoomed in on our car parked in our drive and exposed the license plate numbers clearly. Is this an infringement on my... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 23, 2017

If your license plate was in plain view from a public location, then your privacy rights were not violated. If you haven't done so already, you should notify the media company of its representative's offensive, boorish conduct.

1 Answer | Asked in Family Law, Domestic Violence and Criminal Law for Oregon on
Q: What can i do if my boyfriends ex wife has made threats to hurt me or my property such as car

Threats have been made indirectly like ... I don't care if I go to jail you know me ...

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 23, 2017

You may be able to get a stalking protective order if your BF's former spouse knows that her contacts are unwanted and there have been two or more unwanted contacts within the past two years that have caused you to fear for your safety. If you haven't already done so, you should notify... View More

2 Answers | Asked in Family Law for Oregon on
Q: Can a written agreement be made as to the ownership of assets (house) in a marriage after the marriage has occurred?

My wife bought the house we live in prior to our marriage and is the only one listed on the mortgage. I want to make sure that no one can come after the house that she owns due to issues from my past. Is that possible?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 23, 2017

If your wife is the sole owner on the deed and is the only one named on the mortgage, then you have no ownership interest and no responsibility to pay the mortgage. Your past creditors cannot make any claim to your wife's home. I do however, recommend that you and your wife prepare a... View More

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1 Answer | Asked in Elder Law, Collections and Estate Planning for Oregon on
Q: My dh died 12/23/16. He told me to mark any bills directed soley to him "deceased" and return. Now I am getting

constant calls from banks. I don't answer because I'm afraid. The will won't be probated because there are no assets. What should I do?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 23, 2017

If the bills are in the deceased's name alone, and are not liens on any property (for example, a mortgage) you are not obligated to pay the bills. The deceased's creditors can start a probate of his estate, but if there are no assets, the creditors won't bother. You should tell the... View More

3 Answers | Asked in Estate Planning for Oregon on
Q: Is a living trust created in California fully valid in Oregon?

We want to create a simple living trust now but will be moving to Oregon very soon. Is it foolish to create it now?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 23, 2017

A living trust created in California is valid in Oregon. Because California is a community property state and Oregon is not, it would be preferable to have your trust prepared by an Oregon attorney once you move. Alternatively, you could have the trust prepared while in California and then... View More

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1 Answer | Asked in Child Custody and Estate Planning for Washington on
Q: How can I make sure that if I die that my husband will have custody of my children?

They are not biologically his. But he has been their "dad" their whole lives. Power of attorney work?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 2, 2016

The power of attorney ceases to be effective upon your death, so that won't work. The foolproof way is to have your spouse adopt the children. If that is not possible, you should designate your spouse as the children's guardian in your will, and express your preference that they... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Im married. Marrage is real rocky and my wife has become very vendictive. Im worried about her setting up to take

Custody battle. I just had a woman come into our house with my wifes consent saying she was interviewing us to be a nielson ratings family but seemed like she was asking the wrong questions and was very nosy with seeing around our house. Could that be a lawyer or investigater of some sort. I know... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 2, 2016

It is unlikely that it was a lawyer who visited, since that would mean the lawyer could be a witness in the case. It is possible the visitor was an investigator. After 32 years of practicing divorce law, I might say that nothing surprises me anymore, but then someone does something I would have... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oregon on
Q: Can I change what I asked for in the modification while we are in mediation?

I filed to modify our child support and visitation in Oregon. Originally I just wanted to add a pick up and drop off time and detail to the visitation we already have set up- because he is always leaving us hanging until the last minute on schedule details. For the child support I simply used the... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 2, 2016

You may amend your modification pleadings to allege the additional claims you have, but you will probably need court permission to do so. This may delay your mediation. If your mediation is through the court system rather than through a private mediator, the mediator may only be authorized to... View More

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: My parents divorced about 19 years ago. Divorce decree was not meet by my mother, does father still have a claim?

What is the statue of limitations for divorce judgement where property was suppose to be sold and proceeds split between both parties?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Nov 10, 2016

The answer depends on the actual terms of the judgment. If the judgment provides that property is owned by the parties jointly, then they still own the property jointly. If the judgment provides that one party owes the other money once the property is sold, then the money may still be owed. Your... View More

1 Answer | Asked in Divorce for Oregon on
Q: I want to move to Calif., a divorce and full custody of our son, bc he is an abusive alcoholic. What first steps?

My husband has been mentally and physically abusive toward me. He does not help me take care of our son (actually or monetarily). He does not provide us anything but a roof in his mothers home. I want to move back down to Calif. to be by my family and far from him. I don't know if I will be... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Nov 10, 2016

Assuming your husband objects to your move to California, California cannot decide custody of your child until the child has resided there for at least six months.

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