Get free answers to your Child Custody legal questions from lawyers in your area.
I had a kid with a native American and he has passed away. I now want to keep my kid and not be a part of his family because it was a very bad situation. They threaten to take the kid due to there native American laws. Do they have any ground to stand on or can I distance myself and allow me and my... View More 
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answered on Sep 2, 2024
You do not give enough information to meaningfully answer this question.
Has there been a custody proceeding between you and the mother? Has there been any other court involvement? Are you currently paying child support? Were you and the mother married? Was there domestic violence between... View More
The judge in Jackson county Oregon made a judgement of video visits 2xaweek and my ex's girlfriend only has a phone in the house and she goes on there won't give them the phone to visit me and says they don't love u they don't want to talk to you and hangs up or sometimes no... View More
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answered on Jun 13, 2024
The language of the parenting plan controls your visitation with your kids. The ex's girlfriend does not get a say in your relationship with your children.
You need to document what is occurring. After you have some documentation, you can go to the Jackson County Courthouse and ask to... View More
she also moved to another state
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answered on Mar 1, 2024
In Oregon, obtaining sole custody of your daughter amidst your future ex-wife being under criminal investigation and her relocation to another state involves demonstrating to the court that such an arrangement would be in the best interest of your child. The court considers various factors in... View More
Custody case turned into parental alienation and deprivation of civil rights 42 USC 1983, section 1985 may exist as well.
Article III, §§ 1 and 2 of U.S. Constitution is the source for subject matter jurisdiction.
Article III §§ 2: “The judicial power shall extend to all... View More
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answered on Feb 25, 2024
In situations where a custody case evolves into issues involving parental alienation and potential deprivation of civil rights under 42 USC 1983 or Section 1985, moving the case to federal court can be considered. Federal courts have jurisdiction over cases that involve federal questions, including... View More
Can have visits but does not and does not call or check in regularly, sometimes 2 weeks without contact. If I were to petition to change his surname to mine or add to his via hyphen, would I have to get content from the father?
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answered on Jan 1, 2024
In Oregon, changing a child's surname typically requires the consent of both parents, unless the court determines that such a change is in the child's best interest. If you want to change your son's surname, you would generally need to seek the father's consent. However, if the... View More
The CPS case has been closed as “unfounded”. I received a copy of the report and the allegations are horrendous. I know who made the report based on how the report was written. I want to press charges for them making a knowingly false CPS report and I want to sue for defamation and slander. I... View More
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answered on Dec 31, 2023
In Oregon, if you believe a CPS report against you was knowingly false and malicious, you have the right to take legal action. The first step is to consult with an attorney experienced in family law and defamation cases. They can advise you on the feasibility and process of pressing charges and... View More
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answered on Dec 19, 2023
The Oregon Rules of Civil Procedure detail how any court document is supposed to be served. If a particular document is not served accordingly, you can assert an affirmative defense of improper service. In some cases, the requirements for service are very particular, and the court will dismiss an... View More
I filed a petition for parenting time and child support for my daughter who is 2. Her mother was extremely bitter after we separated. Its been a year this month, and I have consistently seen my daughter and have paid her child support each month consistently. I began dating someone this last June,... View More
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answered on Dec 8, 2023
You can ask the court for interim custody, child support and parenting time. You don't say which county you are in or how long ago you filed your Petition. You might call the family law docketing clerk and ask when you will get a trial or when you might get a hearing on temporary custody. It... View More
recent marriage and she has called me to yell at me for giving my son a sinus nasal spray, she doesn't communicate with me and tell me that she took my son to the ER, She told me that there is no court order that says she has to let my son talk to me?
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answered on Oct 13, 2023
A step parent has no legal authority over a child. The legal authority is reserved to the biologic or adoptive parents. Unless there is a court order, a new spouse married to an ex does not have any authority to decide how to raise the child and certainly cannot tell you whether you can or cannot... View More
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answered on Sep 12, 2023
First, you'll need to establish legal standing, demonstrating your significant and beneficial relationship with your brother. Then, you'll file a custody petition in Oregon, his primary place of residence, and notify all relevant parties, including his parents or legal guardians. Collect... View More
Joint custody .live with dad 70 percent of time but mom gets the SSI and is representative payee. Zero dollars go to my household for his needs. No child support awarded.
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answered on Aug 6, 2023
If you believe that the current arrangement is not in the best interest of your child, you may file a request with the Social Security Administration to become the representative payee or seek a modification through the appropriate legal channels.
Sincerely,
James L. Arrasmith... View More
my ex started a petition to change parenting time and custody and won custody and is now asking for thier legal fees. child support was never has never been part of this process nor in any of the motions or petitions simple custody and parenting time. i want to discharge these legal fee in a... View More
answered on Nov 17, 2022
First and foremost, I recommend that you consult with Counsel experienced in this type of matter in your Jurisdiction.
Second, I would say, it depends on how it is written in the State Court, because 11 U.S.C. 523(a)(15) is a catch-all for any types of Orders in the matrimonial court not... View More
Ex-girlfriend (mother of 2 kids) has repeatedly kicked out father and tried to ruin his reputation. She has called police and attempting to falsely get him arrested (police have not sided with her). Additionally she has kicked him out several times and is emotionally abusive to him, using the... View More
answered on May 5, 2022
Oregon custody laws encourage parents to share in the rights and responsibilities of raising their children so long as it is in the best interests of the children. There is a distinct difference between a custody determination and parenting time. Custody decisions are about who will have... View More
answered on Oct 28, 2021
Oregon and most other states follow the Uniform Child Custody Jurisdiction Enforcement Act. This law generally requires that custody disputes be resolved in the home state of the child. The home state of the child means the state in which the child resided for at least the six months immediately... View More
Is it legal or even right to dissipate a biological parent (the mothers) ; her assets; My funds, my right to be a human-do things like vote, make medical decisions, or be an ABLE body of my own? While under terms of the state shut down,from being a created parent which of whom was not approved of... View More
answered on Aug 8, 2021
Sorry, but your question should be directed to a fanily law or domestic relations attorney.
I am in need of legal assistance with my post judgement child custody case. I am in fear for my childrens safety and well being. They currentlyreside with my ex wife and her abusive husband. I have made several attempts to file paperwork myself. I have multiple court documents and supporting... View More
answered on Jul 23, 2021
I am so sorry to hear of your dilemma. You will need to consult with an attorney in your area to determine whether you have unwittingly undermined your claim by trying to present your claim without legal representation. Generally, whenever there is a motion to modify custody, you as the moving... View More
She emotionally blackmailed me into not submitting any evidence at the trial, so she was found innocent. Now she is using the restraining order and the threat of arrest as blackmail to take full custody of our children despite me offering several reasonable alternatives involving joint custody. Can... View More
answered on May 31, 2021
It is not clear exactly where things currently stand. It sounds as if she assaulted you, was charged, went to a trial in which you failed to testify to the facts and she was found not guilty. She also obtained a restraining order against you prohibiting you from having contact with her or your... View More
answered on Dec 15, 2020
The main purposes of service of legal pleadings (service of process) are (1) to notify a person that there is a court proceeding that may affect his or her legal rights and (2) to give that person an opportunity to contest the claim. If the purposes are met, the service of process is considered... View More
I have physical custody and he has her every other weekend and a couple weeks in the summer. He told me he will not allow me to move. Financially this is best for me and educationally right now is best for her.
answered on Nov 3, 2020
Subject to the court's availability during COVID 19, a hearing in most relocation cases can usually be heard within 3-5 months of when Father files his objection to the move. Often, the objection is accompanied by a motion to change custody and/or parenting time. The process usually begins... View More
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