Brandon, MS asked in Family Law, Child Custody, Child Support and Domestic Violence for Oregon

Q: My unmarried partner has threatened to kick me out, declare me an unfit parent and take our son away.

What can I do to protect myself and prove I am not unfit? I am on disability due to fibromyalgia and see a therapist for PTSD. My partner is bi-polar and has schizophrenia that he refuses to treat. Our son is autistic and requires a lot of care and patience. I am his primary caregiver. How can I prove that I am not the unfit parent and that my partner is lying about me? Please help.

2 Lawyer Answers
Joanne Reisman
Joanne Reisman
Answered
  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

A: It sounds like the problem is you choosing to stay with your abusive partner. Your partner has now power to take your son away. He can report whatever he wants to children's services. If you move out with your son and go to a stable living environment I can't imagine that children's services will want to take your son away. What is wrong here is that you allow yourself and your son to live with this abusive mentally ill person. Now it would help to get counseling to help you view the situation more realistically. You are being victimized and it is really touch when you feel like a victim to take action to remove yourself from the situation. There are resources out there that help people in your situation who are being victimized. Domestic violence is not just physical violence. It is also psychological and that is what it sounds like you are going through. However it wouldn't surprise me if there is also a threat of physical violence. You may need to consider getting a Family Abuse Restraining Order if you have legitimate concerns for your physical safety. You can also see about moving to a shelter with your son.

Joanne Reisman
Joanne Reisman
Answered
  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Correction: Your partner has no power to take your son away. He can report whatever he wants to children's services.

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