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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
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
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
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
My ex currently has sole custody and i have visitation. She wants to change custody because of her health and living situtation
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.
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
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
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
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.
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
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
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
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.
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.
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
I'm 17 and currently living in clackamas county with my aunt and uncle who have league guardianship.
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
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
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
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.
Threats have been made indirectly like ... I don't care if I go to jail you know me ...
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
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?
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
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?
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
We want to create a simple living trust now but will be moving to Oregon very soon. Is it foolish to create it now?
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
They are not biologically his. But he has been their "dad" their whole lives. Power of attorney work?
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
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
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
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
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
What is the statue of limitations for divorce judgement where property was suppose to be sold and proceeds split between both parties?
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
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
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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