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Questions Answered by Vincent J. Bernabei
1 Answer | Asked in Criminal Law, Personal Injury and Small Claims for Oregon on
Q: My mother accidentally parked in a reserved spot for about an hour and then discovered her car had been vandalized.

The perpetual was likely the owner of the spot. Are they at fault and can they be made to pay damages?

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

You need to establish who was at fault by a preponderance of the evidence. That means more likely than not. You also have to prove the decreased value of the vehicle, which usually is the cost to repair the vehicle. If you don't have a witness and there is no videotape of the incident, and... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: My child's father didn't want to be named on her birth certificate when she was born. I want to establish paternity.

Can he file for sole or joint custody, once paternity is established? We moved in together when she was 4 and split a year ago,when she was 15. I have always been the main caregiver, she is developmentally delayed. I am worried he will get joint custody and that could be destabilizing for her.

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

In Oregon, legal custody refers to the parents' decision making authority, not to the time spent with each parent. A parent with sole legal custody would solely make all major decisions regarding a child's health, education and welfare. Parents with joint legal custody would make those... View More

2 Answers | Asked in Personal Injury for Washington on
Q: Hi, My son had an accident at school during recess time and broke his left arm. On further investigation, it was found

that his legs was pulled and then pushed from monkey bars by few students who are constantly harassing him for past few months (we've few evidences to prove this). Can law help to 1. school to give protection to my son from physical/emotional abuse 2. how can school warn the students to stop... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 22, 2017

You should notify the school in writing that your son has been harassed by other students. If you have previously provided notice, and nothing was done to protect your son, you may have a claim for negligence against the school. The school should notify the parents of the students who caused the... View More

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3 Answers | Asked in Car Accidents for Oregon on
Q: I got into a car accident. My tags are expired and I have no insurance but it was the other drivers fault.

What are my options?

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 19, 2017

If you had no insurance at the time of the accident, then you are not entitled to recover non-economic damages for pain and suffering. There may be an exception if you recently had insurance but it lapsed. You are still able to recover your economic damages, such as lost wages and out of pocket... View More

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1 Answer | Asked in Family Law for Oregon on
Q: I raised my grandson since he was born. My daughter took him back at the beginning of the the school year. And because

I don't like her abusive boyfriend she won't let me talk to him. She is making him suffer and he wants to come back home to me. What can I do and the cost?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Mar 15, 2017

If within the past 180 days, the child resided with you and you provided his daily care, nurturing and support, you are eligible to file a claim for custody of the child. If it has been more than 180 days since the child resided with you, then you can still file a claim for visitation rights.... View More

1 Answer | Asked in Adoption and Family Law for Oregon on
Q: my boyfriend is coming down and wants me to sign adoption papers for his daughter the mother gave up her parental rights

to get her sentence dropped in jail how do i go by doing the adoption papers

Vincent J. Bernabei
Vincent J. Bernabei
answered on Mar 15, 2017

This is a bad idea, and I would advise against it for many reasons. Mother can't just give up her parental rights, unless they were terminated by a court order. You will need a judgment/decree of adoption, which will make you the legal parent of the child. You should consult with an attorney... View More

1 Answer | Asked in Real Estate Law and Health Care Law for Oregon on
Q: My sister and I jointly own the house in which we both live. Can doctors and hospitals put liens on the house for bills?

She has a medical problem which may become expensive and is not fully insured. Is my equity (and hers) vulnerable, even if they wait until the sale of the house?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Mar 15, 2017

If health care providers file suit and obtain a judgment against your sister, the judgment becomes a lien on any real property owned by your sister in the county where the judgment was entered. Generally, claims of creditors will attach only to the debtor's interest in the property, not to... View More

1 Answer | Asked in Real Estate Law and Probate for Oregon on
Q: If I'm the only child and my last living parent just died do I have to go threw probate?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Mar 15, 2017

Your parent's estate may be subject to probate if your parent owned assets in his/her own name at the time of his/her death, and there is no joint owner nor any named beneficiary on your parent's account. Examples include a home in your parent's name alone, or a bank account in your... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: My mother recorded a B&S deed, adding me to title, as "tenants by entirety". Will this be legal?

mother/daughter now co-owners

Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 27, 2017

It is legal but not very wise. If your mother dies before you, you will receive the home and you may have to pay capital gains taxes on the full sale price if you sell the home after your mother's death. There are other serious pitfalls of naming a child as co-owner of the property. I... View More

1 Answer | Asked in Real Estate Law and Tax Law for Oregon on
Q: My mother put her children's names on the deed to her house 20 years ago, thinking it would make passing it on to

us easier when she died. But she ended up having to move into semi-assisted living, and now we are looking at huge capital gains taxes when we sell. She will need all the money for her housing, so is there any way to take our names back off the deed so she can keep all the money?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 27, 2017

You should contact an attorney with experience in estate planning. Your mother may be eligible for Medicaid if she hasn't owned the home for 20 years. Capital gains taxes can be reduced if the home is one's primary residence. Before transferring the home back into your mother's... View More

1 Answer | Asked in Family Law and Tax Law for Oregon on
Q: I have joint custody and 50/50 time of my son. My ex claimed him on taxes when it was my turn. What can I do?

We had a verbal agreement that we would trade every other year to claim him, but now she decided to claim him before I could. What can I do if anything to get this reversed?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 27, 2017

You can do nothing or you can claim your child as a dependent for tax purposes. If you claim him as a dependent, the IRS will audit you and your former spouse. You will need to prove to the IRS that your child resided with you at least 50% of the year and that you paid more than 50% of his... View More

1 Answer | Asked in Child Support and Criminal Law for Oregon on
Q: I have WA, child support case. My X received assistance in OR, now I have 2 child support cases. Can they do that?

?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 27, 2017

No. There should be only one support order. If the WA order was entered first, that order is the controlling order. Oregon may be enforcing that WA order, but it should not enter a new order unless the WA order has expired or is no longer effective.

2 Answers | Asked in Child Support for Florida on
Q: Does after school care count as "daycare" when determining reevaluation of child support?

The child support was determined when the child was in daycare daily. Now the child is in school full time but occasionally goes to gymnastics for after care.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 27, 2017

If the after school care is needed because the parent is working, searching for work, or attending school, then the costs are included in determining the presumed amount of child support under Oregon law. Depending on the county in which the child resides, there is a maximum amount of childcare... View More

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1 Answer | Asked in Child Support for Oregon on
Q: My 17 year daughter has been living w her mother for the past year, during this time I pay child support....

My daughter has now moved out as her mother is setting a horrible example and she does not want to be around her and her promiscuous behavior. My daughter moved in w her grandma as I am working 5 hrs away on a project. My exwife has filed a modification w the CS program stating my daughter has... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 27, 2017

My advice is you should not rely on your former spouse to reduce your child support obligation.

1 Answer | Asked in Child Custody for Oregon on
Q: What can I do to see and get my kids back.after being forced to sign custody paper by the father of our 6 yr old twins?

i was intimidated and ganged up on by my childrens father and His family to sign my rights over to the father of our kids

Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 27, 2017

If the court has not yet approved of the agreement you signed, you still have time to withdraw your consent. You will need to act immediately to preserve or restore your custodial rights, so you should contact an attorney right away. Ultimately, the court will award custody based upon the best... View More

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Do I have a right to see my grandmother's will if my potential children are listed as beneficiaries and not myself?

My grandmother passed away a couple years ago. In her will she left a trust (I think) to pay for her great grandchildren's college tuition. I am married but don't yet have children. Do I have a right to view my grandmother's will?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 27, 2017

If the will was submitted to the court, then your grandmother's estate would be subject to probate, which is a process whereby the court oversees the distribution of your grandmother's assets under her will. You could get a copy of the will from the courthouse if a probate proceeding... View More

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1 Answer | Asked in Family Law for Oregon on
Q: What right do I have as a mother to object to someone trying to establish paternity?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 27, 2017

A man claiming to be the father of a child born out of wedlock or of an unborn child who may be born out of wedlock is entitled to initiate a paternity action in court.

2 Answers | Asked in Family Law for Oregon on
Q: "This judgement contains a support award that has been noted as a money award in the court register." ???
Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 27, 2017

You have received notice of entry of a court judgment. The court clerk is required to send written notice of entry of judgment in all cases. The judgment includes an award of support, either spousal or child. The award of support is called a money award. To determine the amount and the terms of... View More

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1 Answer | Asked in Divorce and Family Law for Oregon on
Q: How do I serve my ex with divorce papers from Oregon to California?

He moved to California after I filed.

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

Any adult resident of California or Oregon, can serve the divorce papers on him. You should contact a process server in CA to arrange for personal service or substitute service. You may also serve him by certified mail, restricted delivery to him alone. If he personally signs for the papers,... View More

1 Answer | Asked in Family Law for Oregon on
Q: My husband's 18 year old son is in his senior year in high school in Oregon.Has the parenting plan ended?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 24, 2017

Yes. A parenting plan applies only to minor children.

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