North Bend, OR asked in Family Law for Oregon

Q: State of Oregon took kids from ex-wife and placed them in my care.

I do not have custody, the state had to file against both of us. Her filing was eminent danger with 8 years of DHS visits and DV. they filed against me because i did not have the money to take the kids from her. How do i get this off my record? We went to court and the judge made no decision and went against family law. Please help

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1 Lawyer Answer

A: I'm very sorry but there are just bits and pieces in your description that don't fit together anyway that an attorney can figure out what you are asking and formulate and answer. Removing children from a parent is usually a juvenile court matter called a dependency proceeding and it doesn't result in any criminal action against a parent that could produce a criminal record.

It is also not clear where the children are currently placed? As a parent of a child in the juvenile court dependency proceeding you are entitled to ask for a court appointed Attorney to assist you. Sometimes in a juvenile court proceeding the court will need the non-custodial parent to file a Petition to change custody to that parent with the circuit court that originally made the custody order. While it is better to have help from an Attorney there are forms at the courthouse that a person can fill out and file to request a change of custody without hiring an Attorney. It is possible that the juvenile court wanted to consider you as an alternative for placing the children but needed the circuit court to order that you had custody.

The "DV" part has me stumped. This usually stands for domestic violence. If the problem is that you were the perpetrator of domestic violence and were convicted of something related to domestic violence, then your chances of getting custody are probably not very good.

You can certainly write a a better narrative and post again to get a more relevant answer.

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