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Oregon Family Law Questions & Answers
1 Answer | Asked in Legal Malpractice, Divorce and Family Law for Oregon on
Q: How to address potential malpractice in divorce settlement due to lawyers' conflict of interest in Oregon?

I believe I am a victim of malpractice regarding my divorce settlement. I've learned that two of the lawyers involved, one being my own, have a prior mentor-mentee relationship and are still associates, which I was not informed about. Throughout the process, not one of my demands was met,... View More

James L. Arrasmith
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answered on Nov 2, 2025

What you describe feels like a betrayal of trust, and you are right to take it seriously. An undisclosed mentor‑mentee or ongoing association between opposing counsel can be a personal‑interest conflict under the Oregon Rules of Professional Conduct, and the absence of informed written consent... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for Oregon on
Q: Why can't sheriff serve guardianship termination motion?

I filed a motion to terminate the guardianship of my daughter, currently held by my mother in Clackamas County, Oregon, due to various concerns about her well-being. Despite my fee deferral application being approved—which included the sheriff's service fee—I received an email stating that... View More

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answered on Oct 31, 2025

The sheriff’s office likely refused to serve your mother because of the **active restraining order** between you and her. In Oregon, law enforcement agencies must follow restrictions outlined in protective orders, which typically prohibit any form of contact—direct or indirect—between the... View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Family Law and Native American Law for Oregon on
Q: Can OR Child Welfare sever parent-child communication if rights aren't terminated?

In Oregon, my parental rights have not been terminated, but a guardianship was established for my children through a court hearing. I've been informed by Oregon State Child Welfare that my right to appeal the guardianship decision has been denied and that my appeals are exhausted, though I... View More

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answered on Oct 28, 2025

If your parental rights have not been terminated, Oregon Child Welfare cannot completely sever your relationship or communication with your children without a valid court order. A guardianship gives another person or entity temporary authority to make decisions for your children, but it does not... View More

2 Answers | Asked in Probate and Family Law for Oregon on
Q: Ownership of car after mom's death without a will

My mom passed away without a will and was married but separated from her husband for 30 years. She has multiple adult kids from her first marriage. She did not have a legal separation or divorce from her second husband, and the car was purchased during this marriage. There are no other significant... View More

Theressa Hollis
Theressa Hollis
answered on Sep 24, 2025

I’m sorry for your loss. If the car had no joint owners and your mother passed away with no will then Oregon intestate law controls how her probate assets are distributed. Based on the facts you listed, they would go 50% to her spouse and 50% in equal shares to her children. You could file a... View More

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1 Answer | Asked in Child Custody, Contracts, Estate Planning, Civil Litigation, Legal Malpractice and Family Law for Oregon on
Q: Is it a conflict of interest if my former attorney represents my father-in-law in conservatorship dispute against me?

In the winter of 2023, I hired an attorney to help modify my child custody and parenting time arrangement with my ex-husband. By summer 2023, my ex-husband and I reconciled, and we are now engaged. In 2024, I was appointed as the Medical Guardian to my fiancé’s only living grandmother. Recently,... View More

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answered on Sep 22, 2025

Yes, this situation could create a conflict of interest. Your former attorney has confidential knowledge about you and your fiancé from the previous custody case, which could influence how they represent your father-in-law in a conservatorship dispute. Even if the matters seem unrelated, courts... View More

1 Answer | Asked in Civil Rights, Family Law, Gov & Administrative Law and Personal Injury for Oregon on
Q: Can I sue DHS for health & trauma issues from past incident as a ward of Oregon?

I recently developed serious health issues that I believe are related to my immunocompromised status from having been shot nearly 40 years ago by my foster family, resulting in the loss of my spleen. At that time, I was a ward of the State of Oregon. I have documented records from the incident, and... View More

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answered on Sep 19, 2025

You may have grounds to pursue legal action against DHS in Oregon, but there are important limitations to consider. Suing a state agency often involves strict rules, such as notice requirements, statutes of limitations, and sovereign immunity protections, which can bar or limit claims for incidents... View More

1 Answer | Asked in Adoption, Child Support, Criminal Law and Family Law for Oregon on
Q: Can I face criminal charges for abandonment in Oregon?

In Oregon, my ex and I split up, and she moved away with our child when he was barely a year old. I haven't had much contact or relationship with my child, though my ex and I do get along. I've been unemployed for a while and there is a child support order in place. We are all in... View More

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answered on Sep 17, 2025

In Oregon, criminal abandonment typically involves willfully leaving a child without care or supervision, creating a risk of harm. Simply having limited contact with your child, being unemployed, or agreeing to an adoption does not usually meet the legal standard for criminal abandonment. The key... View More

1 Answer | Asked in Employment Law and Family Law for Oregon on
Q: Can I work as a childcare assistant despite settlement restrictions in Oregon?

I was a licensed childcare provider in Oregon and recently signed a settlement that prevents me from being a director, operator, or substitute provider in a licensed childcare center for five years. The settlement was due to a former employee's claim about wrongful termination. I am curious... View More

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answered on Sep 15, 2025

If your settlement agreement limits you from serving as a director, operator, or substitute provider, the wording is critical. Those terms usually describe individuals with direct management authority, licensing responsibility, or the ability to run the facility in the absence of others. A... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Can I move to the east coast with my kids without father's consent?

I live in Oregon and have my children full-time. Their father moved out of state 5 years ago and sees them maybe 3 times a year. We were never married, but his name is on all their birth certificates. There is no custody order or court involvement. I want to move back to the east coast with the... View More

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answered on Sep 12, 2025

Even though you have your children full-time and there is no custody order, you cannot assume you have the legal right to move them out of state without involving their father. Since his name is on their birth certificates, he has parental rights, and relocating the children without his knowledge... View More

1 Answer | Asked in Native American Law, Divorce and Family Law for Oregon on
Q: Requirements for a divorce lawyer regarding Warm Springs Tribal Court in Oregon?

I received a subpoena from the Warm Springs Tribal Court for a divorce proceeding. My spouse is affiliated with the Warm Springs Wasco Tribe and she left to go back to her tribe in March while I reside in Washington State. She is registered with the tribe, and there are no minor children involved.... View More

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answered on Sep 11, 2025

Because your spouse is affiliated with the Warm Springs Wasco Tribe, your divorce proceeding will be governed by tribal law rather than state law. Tribal courts often have their own rules regarding jurisdiction, filings, and procedures, so it’s important to work with a lawyer who is familiar with... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Oregon on
Q: How to proceed with relocation after other parent's objection?

I have had sole custody of my two children since 2017, living in Oregon. According to the custody judgment, the other parent initially lived 2 hours away, and the exchange point for visitation was set halfway between our towns. The other parent moved to my town 3 years ago but didn't notify... View More

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answered on Sep 8, 2025

Since you have sole custody, you have primary decision-making authority, but Oregon law generally requires that any relocation with a child be approved by the court if it affects the other parent’s parenting time. Even though your parenting time schedule will remain unchanged, the court still... View More

1 Answer | Asked in Criminal Law and Family Law for Oregon on
Q: What is the statute of limitations for parental kidnapping in California?

I am inquiring about the statute of limitations for parental kidnapping in California. The alleged incident occurred approximately 30 years ago in L.A. County. At that time, I reported it to the Ontario Police Department, but there were no existing custody arrangements related to my situation.... View More

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answered on Sep 11, 2025

In California, parental kidnapping is generally treated under the law as “child abduction” or “custodial interference.” The statute of limitations depends on whether the case is considered a felony or misdemeanor. For felony custodial interference involving a child under 18, the statute of... View More

2 Answers | Asked in Probate, Family Law and Contracts for Oregon on
Q: Rights to property after unmarried partner's death without will, Oregon

I am part of an unmarried couple that cohabited for over 15 years. My partner passed away without a will, and his property, which we rented for 10 years, is solely in his name. His mother bought the house for him, and he has children who have no claim to the property. He verbally agreed that I... View More

Theressa Hollis
Theressa Hollis
answered on Sep 2, 2025

I'm sorry for your loss. Oregon does not recognize common law marriage so if you were never married or registered domestic partners then your rights to his property will be limited. If your partner had never signed a Will (and was an Oregon resident at his death) then Oregon intestate law... View More

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1 Answer | Asked in Family Law and Civil Litigation for Oregon on
Q: Can I take legal action against my parents for not providing financial support under ORS 107.108 as required by their divorce agreement?

I am 40 years old, and I recently discovered that under ORS 107.108, my parents' divorce agreement included a stipulation that they were supposed to provide me with financial support while I was between the ages of 18 and 21, provided I was in school, which I was throughout that period. I was... View More

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answered on Aug 31, 2025

ORS 107.108 in Oregon does allow for support of a “child attending school” between ages 18 and 21, but those rights have to be exercised while you are within that age range. The court expects the child or the custodial parent to request enforcement at the time, and payments are usually handled... View More

1 Answer | Asked in Landlord - Tenant, Family Law and Real Estate Law for Oregon on
Q: How long can I keep my ex-husband's belongings before disposing?

My ex-husband was given a date and time set by the judge to collect his belongings from my property in Baker City, Oregon. He left behind tools and other random items. It has been only a few days since the scheduled pickup, and he hasn't retrieved them. How long do I need to keep these items... View More

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answered on Aug 29, 2025

In Oregon, when a court has already set a date and time for your ex-husband to collect his belongings, that usually means he had his legal opportunity to retrieve them. If he chose not to take everything, the court’s order can be seen as fulfilling your responsibility to give him access. You are... View More

1 Answer | Asked in Family Law, Landlord - Tenant, Probate, Foreclosure and Real Estate Law for Oregon on
Q: Trustee seeks help with brother living in estate house and non-payment of mortgage in Oregon

I am the trustee of my mother's estate, and my brother is living in her house without paying for anything. I tried to evict him, but it was dismissed due to the lack of a rental agreement. He has lived off my mother for years, and now he won't let me enter the house to sell the property.... View More

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answered on Aug 29, 2025

As trustee, you are responsible for following the terms of your mother’s will and protecting the estate. Since your brother is refusing to contribute to the mortgage or allow you access, he is obstructing your duties and putting the estate at risk of foreclosure. The dismissal of the eviction was... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Oregon on
Q: Ex-intimidation through daughter despite FAPA order in Oregon

I have a FAPA restraining order that grants me no contact and temporary custody, but my ex is intimidating me through our daughter by texting her, claiming he'll take her from me because I can't afford a lawyer. She's scared of him and this happens multiple times. I reported to law... View More

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answered on Sep 1, 2025

What you’re describing is very upsetting, and it makes sense that both you and your daughter are feeling intimidated. A FAPA restraining order in Oregon can be written to cover not only you, but also your children, if the court finds that they are at risk or being used as a way to get around the... View More

1 Answer | Asked in Probate and Family Law for Oregon on
Q: Legal actions to honor boyfriend's cremation wishes against family decision.

I am deeply troubled after the passing of my boyfriend. His family buried him despite his will stating he wanted to be cremated. This is affecting my ability to emotionally process my loss and say my final goodbye properly. What legal actions can I take to honor his last wishes regarding cremation?

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answered on Aug 31, 2025

I’m so sorry you’re going through this. It can be incredibly painful when someone’s final wishes are not respected, and it leaves you feeling powerless on top of grieving. While a will can state funeral or cremation preferences, the law usually gives the legal next of kin—the spouse or... View More

1 Answer | Asked in Family Law, Real Estate Law, Workers' Compensation, Public Benefits and Personal Injury for Oregon on
Q: How is property ownership resolved after adding spouse to deed in Oregon?

I have owned my house for seven years before getting married in Oregon and added my spouse to the deed during refinancing for debt consolidation due to his better credit score. Now, after 25 years of marriage, he claims ownership of at least half of the house, even though he only contributed to... View More

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answered on Sep 8, 2025

When you added your spouse to the deed during refinancing, you effectively gave him a legal ownership interest in the property. In Oregon, once a spouse is added to the title, the law generally treats the home as marital property, regardless of who initially purchased it or how it was funded. This... View More

1 Answer | Asked in Civil Rights, Family Law and Civil Litigation for Oregon on
Q: How can I correct my son's birth certificate and seek compensation for the incorrect parent information due to CPS and hospital actions?

I discovered that my sister and her husband are listed as the parents on my son's birth certificate due to CPS instructing the hospital to make these changes, even though my sister was not present and had no prior connection to the situation. The incident happened in Oregon in 2009, and there... View More

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answered on Jul 24, 2025

You can start by filing a petition in the Oregon circuit court where the birth was registered asking to correct the birth certificate under ORS 432.245—attach evidence (your sister’s lack of presence, your notarized parentage document, and any CPS or hospital records showing the error. The... View More

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