Get free answers to your Family Law legal questions from lawyers in your area.
answered on Nov 30, 2020
An Oregon attorney could answer best, but your post remains open for three weeks. As a GENERAL matter NATIONWIDE, attorneys who are licensed to practice in a state can usually practice throughout the courts of the entire state without county-specific restrictions (other than limitations that may... 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
Being as I'm able to stay home and school our children would my husband income count as providing for my children. Or for custody would they go off just my income? I know with child support they go off just your income but what about custody and providing for your children when your remarried.... View More
answered on Oct 16, 2020
One factor that a court may consider in deciding whether to modify child custody is whether a parent is able to provide a secure and stable environment for the children. Your current spouse's income, which allows you to be a stay-at-home mother to your children, could work to your advantage... View More
I moved out of my fathers house to my mom’s when I was 15 and they now have split custody. I haven’t seen him in almost 3 years though because he and his wife are abusive. I am now 17 and I’m looking into getting a job, but I can’t do that without my social security card, and the office... View More
answered on Oct 13, 2020
Your current legal guardian is the only person who has the right to hold a minor's Social Security card. Anyone else can get in trouble with the federal government for trying to hold on to it.
My wife and I are in getting divorced, neither has filed yet. The girls are with her the majority of the time as I work and she doesn't. I have them every other weekend and friday nights on the weekends I don't have them. I asked her if I could have them more and she refuses. She's... View More
answered on Oct 8, 2020
The presumed amount of child support in Oregon is based upon the following variables.
1. Each parent's gross income (before tax). If a parent is unemployed or underemployed, the court will determine that parent's potential income or earning capacity based upon that... View More
My ex and his girlfriend who he lives with are being investigated by CPS. There has been domestic violence in the home and heavy drinking. I want to know if there is a way to make it so they cannot stay overnight until this situation is resolved. The behavior has gotten worse and has been going on... View More
answered on Sep 28, 2020
Yes, you can file for a parenting plan modification without an attorney. You will need to locate the forms for a Motion to Show Cause re: Modification of Parenting Time on the court website which you can fill out yourself. If you find them too difficult, you should retain an attorney to assist you.
In early August my wife said she wanted a divorce and that she was moving 90 miles away within the week. She applied for a new job about the same time and interviewed the day after she told me she wanted a divorce. 7 days later she moved. There was not even enough time to petition for a divorce. We... View More
answered on Sep 25, 2020
You have a couple of options here. Depending on how long ago this occurred, you may be able to file a motion for status quo to have the child returned to your custody. The court takes several factors into account when determining custody, hometown factors being one of them. You should contact an... View More
answered on Sep 25, 2020
A minor that is the subject of a custody agreement may not decide for himself where to live until he turns 18. There are some ways to work around this, such as retaining a custody evaluator or having the court appoint an attorney to advocate for the children's interests. You should talk to a... View More
Considered attending school? Do we stay on the summer schedule or do we go back to the school schedule?
answered on Sep 25, 2020
This is a difficult question to answer, because this situation has not been addressed by a court yet, due to the novelty of COVID. For the sake of stability of the children, I would be inclined to think a judge would require the parties to follow the school schedule, despite the distance learning,... View More
answered on Sep 25, 2020
If you have a current child support order in Oregon, you can work directly with the Department of Justice by making a written request, or you can motion the court for a modification.
Ex wife feels she is entitled to that money so we can to know our options
answered on Sep 25, 2020
You should be able to pay support directly to your child. However, if you have an existing support order through the Department of Justice, you should make a request to the DOJ that you would like to change who your payments are made to, and the DOJ can make that change.
I was divorced in 2015. We mutually agreed on spousal support for 5 years. I am permanently disabled under social security. I am seeking a modification to extend support indefinitely. Since my disability was not addressed in the initial divorce would that fall under a change in circumstance or... View More
answered on Sep 25, 2020
Based on the facts you presented, it is unclear if you will be able to modify your spousal support. If you were disabled before the divorce and you agreed to 5 years of spousal support knowing you were disabled, you will likely not be able to change your spousal support. If, however, the disability... View More
Mother of child took child and moved to Oregon. I am looking to prove paternity and request visitation rights (I currently reside in PA). What is my next step? I don't have any other information on their whereabouts other than currently residing in Oregon. Do I need a PA lawyer or an Oregon... View More
answered on Sep 25, 2020
It is unclear whether you need an Oregon lawyer or a Pennsylvania lawyer. The state where you should litigate depends on how long the child has been out of the state. If it has been less than 6 months, you should speak with a Pennsylvania attorney, who would likely hire an Oregon private... View More
Since we got married on 2018, he is different when it comes to money. Not only that, but also with respect to me. We have a joint account and he gets all my salary. All of his salary only goes to his debt (which is still not fully paid till now). And now he got laid from his work since April 27 and... View More
answered on Sep 25, 2020
Your question isn't clear from the facts you presented. There is no way you can force your husband to contribute in a more meaningful way to the household. You could seek a divorce, and a lawyer can help you do that.
The individual has a current misdemeanor and pending indictment taking effect for felony strangulation, menace, assaultin 4th degree and harassment.
answered on Jul 16, 2020
If the person who has your dog is the person who is restrained from contacting you, you will have to get in Touch with the prosecutor or your victim’s advocate To see if you can do a civil assist to get your dog back.
I have tried to reach out to him but he will not respond to my calls/texts/emails but I do know he is working. I don't live in the area where he resides and where our divorce took place either, so that makes it difficult as well. What can I do to compel him to pay the support that he owes? He... View More
answered on Jun 19, 2020
This is really a matter best taken up with your divorce lawyer since they are the most familiar with all the details of your case. You likely have options such as asking the divorce court to find him in contempt of court (that usually gets results) for failing to pay per the court order; you can... View More
Hello my name is Debra and I live in Brookings, Oregon and I have a huge problem with my brother, his girlfriend and their child living in my home.
Approximately 2 years ago my husband decided to leave me. He bought a van and left and he now lives in his van. I stayed at our home continuing... View More
answered on Jun 3, 2020
Much depends upon the exact facts and details. IF there is a landlord-tenant relationship between you, you may be able to terminate their tenancy and evict them in court. The fact that they agreed to do repairs in exchange for being allowed to live there may (again, depending upon the exact... View More
My parents and I dont get along and we get in fights all the time. it doesnt feel like my house is my home anymore and I hate coming home.The other night my parents and I were in a fight and my step dad hit me in my face. I told my coworker about it and she said that I was able to come stay with... View More
answered on May 15, 2020
What you are referring to is called "emancipation." In Oregon, you must be 16-years-old to be emancipated but there are additional factors to consider. If your "home" is violent and being there places you at risk of physical violence and harm, emancipation is something to... View More
Over two years ago I was divorced and my spouse was awarded the house. He also had to give me a buyout. As part of the divorce decree I would be able to stay in the house for four years and at the end of those four years he would have to buy me out. He has since moved out of the house and has told... View More
answered on May 12, 2020
Your understanding that you can't just change the property division in the divorce is correct. Instead of amending the decree, I recommend you enter into a new agreement to purchase the home from your former spouse, who is now the current owner of the home, in exchange for satisfying his... View More
The child is almost an adult. I have never seen him. If she thought I was the father why didnt she tell me years ago?
answered on May 2, 2020
I don't know of anyway to sue for this. I have no idea why she didn't tell you. You should ask her that. It may not be true. Keep in mind that being a parent would have obligated you to pay child support. It still can. In Oregon child support is until the child is age 21 if they... View More
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