Lawyers, Answer Questions  & Get Points Log In
Oregon Family Law Questions & Answers
0 Answers | Asked in Family Law, Child Custody and Juvenile Law for Oregon on
Q: If my son is 17 and he's on probation and he wants to move back home with me can he do that being in mom's custody?

He lives in the same state but not the same town as me I don't know if we need to have a judge's permission or his mother's permission or if he can just move up here and transfer his probation

0 Answers | Asked in Child Custody and Family Law for Oregon on
Q: What can they do to make sure if anything happened to the father the grandfather would have legal rights or custody?

I live in Oregon and I have a friend who went to court for custody of his little girl the mother didn't show up for court so he got custody. The father has been in and out of trouble recently and the grandfather has basically raised this little girl. The grandfather is worried if anything... View More

0 Answers | Asked in Family Law and Civil Litigation for Oregon on
Q: I'm looking for a response form for defedent on a civil suite for a summary judgement on my deceased mother's

I just need the form to print out and fill out there saying g there was a contract and there wasn't

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Steven Leskin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Steven Leskin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Estate Planning, Family Law and Probate for Oregon on
Q: I need advice from a Lawyers point of view on a Petition for General Judgement of Final Distributions case.

I really don't know where to begin, there is too much to type. My mother passed away a little over 2 years ago. I was told her and her husband had a will then they said they didn't and then they did again. My mother had 4 children and her husband has 3. They have not been around but maybe... View More

Karn Thapar
Karn Thapar
answered on Dec 11, 2023

You will need to seek the counsel of a litigator who has experience with probate. The distributions in a probate happen near the end of probate proceedings and if there is a conflict or contest with respect to the will, that is where the experience of a litigator will help. The amount of time... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.