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Oregon Family Law Questions & Answers
0 Answers | 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

0 Answers | 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?

0 Answers | 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

0 Answers | Asked in Family Law for Oregon on
Q: Want to know how to work towards getting custody of a child who is not her biological child but she has been caring for.

This is a student of mine who has had her ex-boyfriend's child left on her doorstep by the mother and wants to gain custody of the child. Both biological parents have been recognized by DHS to not be qualified to raise the child themselves. She was granted custody of the child by DHS as long... View More

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

1 Answer | Asked in Family Law, Banking, Municipal Law and Probate for Oregon on
Q: After losing my dad last year I have not been able to access money he left cause the bank wants more information

I provided my soc.

PhotoID

And other bank account

Offered my birth certificate

James L. Arrasmith
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answered on Feb 5, 2024

I'm sorry for the frustration this situation must be causing on top of grieving your father's loss. The bank likely has certain procedural requirements they are obligated to follow before releasing funds, but there may still be some things you can do here:

- Request a written list...
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1 Answer | Asked in Divorce, Estate Planning and Family Law for Oregon on
Q: How can my mother structure my brother's SNT to avoid funds becoming "marital assets" in the event of his divorce?

My mother plans to create a Special Needs Trust for my brother to manage any inheritance that he receives from her. This inheritance could exceed $500k. My brother is married, on disability, and a very poor money manager. My mother’s primary goals are to ensure that my brother has a safety net... View More

Jason E. Neufeld
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Jason E. Neufeld
answered on Feb 1, 2024

Your mother can create a Third Party Special Needs Trust (it can be embedded in her Living Trust or stand-alone). Mom can/should name anyone OTHER than your brother to serve as the trustee for this SNT with him as beneficiary. As an example: you could be trustee for your brother (in charge of... View More

1 Answer | Asked in Family Law for Oregon on
Q: I am wanting to change my 7 year old daughters name

(Last name only to match mine)& wondering if a judge would sign off on it without notifying her Biological father who hasn’t supported her or had any contact with her in 3 years. She has also never lived with him since our divorce 4 years ago. He is currently in jail facing prison time &... View More

T. Augustus Claus
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answered on Jan 29, 2024

In Oregon, changing a child's last name typically requires notification to both parents, even if one parent, like the biological father in your case, has been absent or has a history of substance abuse. The court generally considers the best interests of the child in such matters, and your... View More

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Oregon on
Q: I was wrongfuly convicted of a crime and later won my appeal. I want to sue the state which can be explained to a lawyer

Financial hardship, mental abuse, child endangerment, harassment, sexual abuse. Child trauma, emotional distress, all these things happened to me and my children

James L. Arrasmith
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answered on Jan 18, 2024

If you were wrongfully convicted of a crime in Oregon but later won your appeal, you may have grounds to pursue legal action against the state for the hardships and trauma you and your children experienced. Wrongful convictions can lead to significant emotional, financial, and reputational damages,... View More

1 Answer | Asked in Family Law and Elder Law for Oregon on
Q: I need to find an attorney who can help me with securing a emergency guardianship of my Mother who is in Oregon.
Theressa Hollis
Theressa Hollis
answered on Jan 10, 2024

There are not very many attorneys in Oregon who handle temporary (emergency) guardianships. You can give me a call at 503-786-8191 I will try to locate someone to help you.

2 Answers | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: My son's father pays child support because i gave child support all of his information on his place of employment. He c

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?

T. Augustus Claus
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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

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for Oregon on
Q: CPS case unfounded in OR what are the steps 4 pressing charges on person who made false report? Report to authorities?

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Can I file a order of dismissal or a quashed order for improperly being served a motion to modify custody?
Steven Leskin
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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

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