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Oregon Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can my ex say I'm unfit in custody case cause I'm stay at home mother. I'm remarried and my husband has a great income

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.... Read more »

Vincent J. Bernabei
Vincent J. Bernabei 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... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Oregon on
Q: I want to have my kids more, but my wife refuses.

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... Read more »

Vincent J. Bernabei
Vincent J. Bernabei 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...
Read more »

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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Is it possible to file a parenting plan modification without an attorney in Oregon due to safety concerns

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... Read more »

Jessica Larsen
Jessica Larsen 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.

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Next Step in Child visitation Process

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... Read more »

Jessica Larsen
Jessica Larsen 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... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: May a minor with a custody agreement choose to live with only one parent? If so, at what age and what ORS governs this?
Jessica Larsen
Jessica Larsen 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... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Oregon on
Q: Wife asked for a divorce and said she was moving 90 miles away the same day. 3 year old will be in school in 2 years.

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... Read more »

Jessica Larsen
Jessica Larsen 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... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Hello, My name is Madison and I am 17 y/o. I need help with legal questions about leaving my home as a minor.

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... Read more »

Gabriel A Watson
Gabriel A Watson 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... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: Father has sole custody and trying to move kids over 400 miles away. Will the court allow him?

I ran away from my ex husband because he was mentally abusive. My kids were safer there than living with me in my car and I believed him when he said he wouldn’t take them from me.. fast forward 3 years and I am living back in the same town. Have the kids as often as he will allow me to according... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 17, 2020

A short post and response on social media is not going to be sufficient to address your concerns. Also it exposes your discussion to the public. For this type of situation you really want to make an appointment with an Attorney and have a private consultation where you can freely discuss the... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Can a noncustodial parent refuse to communicate with custodial parent or minor children unless through a third person?
Vincent J. Bernabei
Vincent J. Bernabei answered on Apr 16, 2020

If there is a written custody order or judgment signed by a judge, both parents are required to follow it. You should review your custody order or judgment to determine whether it requires direct communications. Generally, it is in the children's best interests for the parents to communicate... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Can a parent with sole custody determine who pu and returns children for weekend visitation if not noncustodial parent?

Noncustodial parent has girlfriend who has harassed and threatened custodial parent to where it is confrontational when she picks up 3 minor children for father. Text messages back it all up. Motion to prevent her from being present or alone in picking up children or from driving them to Seattle... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 15, 2020

No you can't unilaterally dictate terms of your parenting plan. You can change it by mutual agreement with the other parent. I am going to assume that this isn't likely.

If the parenting plan doesn't specify who picks up the children and you are having problems with...
Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: Can my 17 year old son file for custody and parenting time for his son. He has not been allowed to see him.
Joanne Reisman
Joanne Reisman answered on Apr 15, 2020

Previously asked and answered: https://answers.justia.com/question/2020/04/15/my-17-year-old-son-has-a-child-he-is-not-761195?utm_medium=email&utm_source=answers-answerer&utm_campaign=question-asked-subscription&utm_content=button-answer-question-1

1 Answer | Asked in Child Custody for Oregon on
Q: My 17 year old son has a child he is not allowed to see. Is he old enough to file for custody and or parenting time
Joanne Reisman
Joanne Reisman answered on Apr 15, 2020

I am going to assume that he is in Oregon as your location is stated to be Washington State. The laws vary from State to State and I only practice in Oregon. Your son is not considered a legal adult at age 17 and while he should have rights as a father I believe he would need a guardian ad litem... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: Due to Covid-19, Do I have the right to keep my child home with me in his primary home even if there is a custody order?

I have joint custody of my child. He spends 5 days of the week with me and 2 days of the week with his other parent. The custody order is for 50/50

Now because of the stay home order due to Covid-19 I'm wondering what my legal rights are to keep him home with me in his primary home... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 11, 2020

The Oregon's Family Law advisory committee has issued an guideline for parenting time during the pandemic. Most courts have adopted this as an order for cases within that county's courts jurisdiction. You can read my summary of this advisory and go to the links I provided in this blog... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Oregon on
Q: My nephew is still married but doesn't live in the house anymore because his wife was beating him up. He did not call p

He has not charged her. Now she is keeping the kids from him. There is no custody order and he believes the kids are not in a safe place. If he gets visitation, does he have to return them?

Joanne Reisman
Joanne Reisman answered on Apr 5, 2020

An Attorney cannot practice law by proxy. This is your nephew's issue and he needs to be the one to contact an Attorney for advice. Often people in frustrating situations will tell friends and relatives a very biased version of the facts because they are seeking sympathy and validation, not... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: What can i do if non custodial parent won't return child at end of court agreed upon visitation time in oregon.

Police have gone with me but she refused to open door so they told me it is a civil matter.

Joanne Reisman
Joanne Reisman answered on Mar 27, 2020

This is typical of the police but sometimes they are much more helpful if you have a certified copy of the Judgment and parenting plan which leaves no doubt that you are entitled to have the child at that point. There can still be a problem if it isn't clear that you get the child at that... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: Can my ex file for custody after i have had sole custody for 2yrs?

He wants me to change custody because his work wont let him leave if the kids had medical issues like hospital. So he said he has to have some part of custody for him not to be fired if something happened and he needed to leave work. I have had sole custody for 2 yrs which he agreed and he gets to... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 25, 2020

Extremely unlikely. A change of custody requires proof of a SUBSTANTIAL change of circumstances. Honestly I have never heard of an employer saying that in order to attend to a sick child and not lose one's job one has to have custody. I would suggest that you and he contact BOLI,... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: My child’s mother and I are unmarried. After paternity is established (DNA TEST), how is custody established?

She is still legally married but separated from her husband, we plan to get me recognized as the father through CHS DNA testing- But when and how do I obtain rights for visitation/custody? Is it automatically granted or do I have to pursue it in court? I live in Ashland, Oregon

Joanne Reisman
Joanne Reisman answered on Mar 21, 2020

Paternity when the mother is still married to another man can be tricky. I suggest you read this statute and talk to an Attorney. https://www.oregonlaws.org/ors/109.070 You don't have any rights to custody or parenting time until paternity is established.

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can I move out of the country to mexico with my 10 yr old daughter to assist my mother who is recovering from a stroke?

I live in Oregon and have a custody agreement with my 10yr olds Birth dad, the parenting plan grants me sole custody and has her spend time with her BD every other weekend Sat 10am-Sun 7pm, with all holidays, summer, and special days included in the plan to be shared. To give a quick back story... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 3, 2020

Impossible to answer without reading all the terms of the parenting plan. Most custody parenting plans includes a clause that requires notice to the other parent before moving 60 miles. Even if your plan doesn't have that requirement the father could still object. Ideally you talk to the... Read more »

1 Answer | Asked in Child Custody and Divorce for Oregon on
Q: My wife left me and my son a few months into our marriage but she won’t sign the divorce papers how can I get divorced

I also have our son (3) and have been taking care of him full time and want custody but I’m not on the birth certificate due to emergencies in the hospital, our son was flighted and my wife couldn’t go so I went with him and missed signing it how can I get full custody. She’s been gone and... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 21, 2020

I think there is a presumption that you are the legal father since you were married to the mother. You can probably file for a divorce and include allegations to establish your paternity as well. It's a bit tricky and the on line forms probably aren't set up to do this, so get an... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I'm turning 17 in the next couple of months and I am getting emotionally abused, I have a job, am I able to move out?

I have depression also and my parents just harp on me and I have gotten to the point that I cannot handle it anymore because I am starting to get bad grades, and I no longer can see friends because of it. It has been happening for 5 years now and I cannot handle it anymore

Joanne Reisman
Joanne Reisman answered on Feb 21, 2020

I think every 17 year old feels a mixture of hormones and depression that makes life challenging at that age. You are still legally a minor with no rights to contract so you can't rent an apartment among other things. Getting good or bad grades is something you can control so I would focus... Read more »

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