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Oregon Family Law Questions & Answers
0 Answers | Asked in Family Law for Oregon on
Q: If I just had a DHS case closed after reunification and they show up the next day trying to bully me do I have to do any

Anything that they're asking me to do? I just did everything they've asked did treatment classes all that and the very next day after my case closed they showed up wanting me to do a UA telling me I'm using drugs but I'm not going to let them bully me

1 Answer | Asked in Family Law, Civil Rights and Native American Law for Oregon on
Q: So I just turned 18 October 13th this year I wanted to stay at my mothers but my dad came over and forced me back to his

is this legal they also took my phone my mom gave me and still pays for but I searched up that its still illegal to do so is this also correct?

James L. Arrasmith
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answered on Oct 29, 2024

Turning 18 grants you legal adulthood, meaning you have the right to choose where you live. Your father cannot force you to stay with him against your will. If you prefer to live with your mother, you have the autonomy to make that decision independently.

Taking your phone without your...
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1 Answer | Asked in Sexual Harassment, Family Law, Personal Injury and Domestic Violence for Oregon on
Q: How do I stand up for myself in a wrongful accused situation when I have proof of double jeopardy.
Tim Akpinar
Tim Akpinar
answered on Nov 11, 2024

This looks like something that an Oregon criminal attorney should probably advise you on. The question was probably overlooked for three weeks because of the "Personal Injury" or "Family Law" headings. If you're being charged, don't lose further time awaiting guidance... View More

2 Answers | Asked in Estate Planning, Family Law, Foreclosure and Probate for Oregon on
Q: Is my mother's probate attorney supposed to give me an itemized list of expenses?

Can I ask him for a list?

Theressa Hollis
Theressa Hollis
answered on Oct 22, 2024

Did your mother pass away or did she hire a probate attorney? Were the expenses incurred by the attorney or someone else? More information is needed before your question can be accurately answered.

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0 Answers | Asked in Family Law and Child Custody for Oregon on
Q: Children Legal help

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

2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Oregon on
Q: Is there any way a victim of Domestic Violence can remove the No Contact order against their perpetrator?

I was coerced into facing the grand jury for my partner and was told if i didn't go in front of them and speak up about what happened, then I would be charged with a crime. I did not want to go, nor did I ever want to press charges, let alone have a no contact blessed on us. It's... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 7, 2024

It is very common for victims of DV to later recant and/or want no contact orders lifted. Very rarely is that granted. You can try talking with her attorney to see if you can do anything to help her legal position but ultimately, the legal process will play out and you can't alter it very... View More

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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: How do I petition the court for visitation with my 2 children if I don't know where they are? I live in Oregon.
Steven Leskin
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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...
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3 Answers | Asked in Divorce, Estate Planning and Family Law for Oregon on
Q: In my divorce it states that I would give him the house with the condition that if anything happens to him the house

Would go to my daughter. He is getting married at the end of this month and my daughter is concerned. How do I protect her interest.

Anthony M. Avery
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answered on Jun 5, 2024

That marriage will give spouse rights. Why did your lawyer not get you a life estate/remainder deed at the divorce hearing? You might record a certified copy of the divorce decree in the County of the house, but the surviving spouse might try to ignore it. A contempt action probably does not... View More

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1 Answer | Asked in Family Law for Oregon on
Q: If a parent. plan has spec. dates listed, can the other parent extend their visitation past the dates without permission

I have specific dates listed on my parenting plan and my children’s father is scheduled to have them while they’re still in school (he lives out of state) I’ve been tirelessly trying to work with him and plan our summer for months and to see if he wanted to extend his dates or change them. He... View More

Steven Leskin
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answered on Jun 13, 2024

The language of the parenting plan controls.

If you did the divorce yourself, it is likely deficient in spelling out exactly what the rights and responsibilities are of each parent. You should not need to work tirelessly to arrange parenting time. Those details should be in the parenting...
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1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for Oregon on
Q: my ex's girlfriend keep me from having video visits with our girls the judge ordered she won't give them the phone

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

Steven Leskin
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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...
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1 Answer | Asked in Estate Planning and Family Law for Oregon on
Q: In California can friends make end of life decisions based on an emergency contact when the next of kin is available.

If there is no power of attorney or will. Even after in the beginning the friend was allowed to make decisions for the family member when the said patient first was in the hospital?

Steven Leskin
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answered on Jun 13, 2024

A "friend", whether it is a romantic partner or a life long friend or even man's best friend, has no rights to make end of life decisions unless that person is named in an advance directive as the decision maker. The hospital will have a procedure it follows for making these crucial... View More

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Oregon on
Q: What's next after my requests to quash service, provide evidence and terminate a restraining order went unanswered?

A witness in the case served me thru mail from California to Oregon where I live, cuz judge allowed it after he found I was evading service. Then I filed documents asking the other parent to provide me with evidence and to quash service and terminate the order and my motions/requests went... View More

James L. Arrasmith
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answered on Jun 3, 2024

First, you should file a motion to set aside the restraining order with the California court, explaining that your previous motions to quash service and request evidence went unanswered. Emphasize that the court’s lack of response has deprived you of due process and that the restraining order is... View More

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: Can I get my driver's license suspension for back child support lifted?
Steven Leskin
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answered on Jun 13, 2024

You need to contact Oregon Department of Justice/Child Support Division and request that they notify Oregon DMV that your child support is current. Once DMV is notified, DMV should reinstate your license.

1 Answer | Asked in Family Law, Civil Litigation and Probate for Oregon on
Q: Are there any lawyers in Union County that work on a contingency for high dollar will contesting cases?
Theressa Hollis
Theressa Hollis
answered on Mar 13, 2024

I do not do probate litigation, however, I believe it is unlikely that a will contest case would be handled with a contingency fee.

1 Answer | Asked in Family Law, Personal Injury and Civil Rights for Oregon on
Q: What's the right tactic of filing 42USC1983,1985 in The Federal Court and winning it for self represented Plaintiff?

I have all the necessary evidences to prove against at least a dozen officials for deprivation of civil rights and one with conspiracy. I ant find an attorney. I am lucky to fall under 28USC1331 and also 28USC1332. It's rare to fall under one requirement, let alone they both apply to my case.... View More

James L. Arrasmith
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answered on Mar 8, 2024

Filing a lawsuit under 42 USC §§ 1983 and 1985 in federal court is a significant legal challenge, especially for someone representing themselves. To start, ensure you clearly understand the legal requirements for these claims, including the need to demonstrate how each official deprived you of... View More

1 Answer | Asked in Family Law and Domestic Violence for Oregon on
Q: Child name change with parent not involved since 2017

I have a child with a parent who had assaulted me in the presence of the child in 2017 and has not had contact with them since. They were arrested, charged and took a plea deal. I would like to change his name but want to avoid this other human being as much as possible. I was trying to figure out... View More

Steven Leskin
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answered on Mar 8, 2024

Search Google for Oregon Minor Name Change. The first answer will be a fact sheet from the Oregon Judicial Department. Follow the instructions. It is pretty straightforward.

Hope that helps.

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Oregon on
Q: can I get sole custody of my daughter , my future ex-wife is under criminal investigation

she also moved to another state

T. Augustus Claus
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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

1 Answer | Asked in Family Law, Civil Rights and Child Custody for Oregon on
Q: Parenting time case removal to Federal court ?

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

James L. Arrasmith
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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

1 Answer | Asked in Military Law and Family Law for Oregon on
Q: I have been married but not living together with my veteran husband who passed away in January.

I can't find paperwork or soc sec.number how could I get that information legally as his wife? I have 2 order our marriage certificate since don't have that anymore either

James L. Arrasmith
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answered on Feb 27, 2024

In your situation, gathering necessary documents and information following the passing of your veteran husband can feel overwhelming. First, obtaining a copy of your marriage certificate is a wise step. You can request this document from the vital records office in the state where you were married.... View More

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