Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oregon Child Custody Questions & Answers
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
Steven Leskin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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

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

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?

Steven Leskin
Steven Leskin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024

I might suggest the following:

The child will become an adult at 18. At that point, your son can legally change his own name to whatever he would like. This option gives your son agency to make his own determination as to what he would like to be called independent of his fighting parents....
View More

View More Answers

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 Family Law and Child Custody for Oregon on
Q: Can I file for Temporary parenting time orders until the final judgement is decided? I'm the petitioner and father.

I filed a petition for parenting time and child support for my daughter who is 2. Her mother was extremely bitter after we separated. Its been a year this month, and I have consistently seen my daughter and have paid her child support each month consistently. I began dating someone this last June,... View More

Steven Leskin
Steven Leskin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2023

You can ask the court for interim custody, child support and parenting time. You don't say which county you are in or how long ago you filed your Petition. You might call the family law docketing clerk and ask when you will get a trial or when you might get a hearing on temporary custody. It... View More

1 Answer | Asked in Child Custody, Native American Law, Gov & Administrative Law and Family Law for Oregon on
Q: How to regain custody from DHS after unproven allegations in Oregon?

I'm seeking advice on how to regain custody of my children after DHS in Oregon removed them from my home based on unproven allegations. My 4-year-old and 5-year-old children are Native American on their mother's side. We've faced repeated removal attempts since their birth, despite... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025

What you're going through is heartbreaking, and you're right to fight for your children, especially when no charges have ever been brought against you. In Oregon, if DHS has removed your children based on unproven allegations, you have the right to challenge their actions in juvenile... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: How to handle custody or parental rights after girlfriend left and son is going to family in Idaho?

My girlfriend left me and our son, saying she needs time to heal. She hasn't discussed custody arrangements but said to take care of him. Since I work and can't watch him full-time, my son is going to Idaho with her family, including her father and sisters. How can I handle custody or... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

It sounds like you're in a difficult situation, with your girlfriend leaving and your son now staying with her family in Idaho. Since you haven’t had a formal discussion about custody arrangements, your next step should be to try to communicate with her directly to clarify what she expects... View More

1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for Oregon on
Q: How can I secure the immediate return of my children after speculative custody removal in Oregon?

I am seeking advice on how to secure the immediate return of my children, who were removed from my custody due to speculative reasons linked to my husband's drug relapse, about which I was unaware. At a placement hearing, the judge decided to keep my children in temporary state custody until... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

What you’re going through is heartbreaking, and it’s understandable that you feel powerless right now. When your children are taken under speculative circumstances, especially when you've done nothing wrong, it creates an overwhelming sense of urgency. The fact that the judge acknowledged... View More

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Oregon on
Q: Does Oregon law mandate after-school child care payment post-restraining order?

In Oregon, my wife filed a restraining order against me, which resulted in court-ordered supervised visitation of our two children, aged 9 and 6, for four hours weekly. There is currently no child support agreement in place. My wife, who is employed full-time, now claims she needs child care for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

Oregon law does not automatically require you to pay for after-school child care just because a restraining order is in place or your visitation is limited. Child care costs are usually addressed as part of a broader child support calculation, which takes into account both parents’ incomes, the... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Oregon on
Q: Re adoption or adoption more listed below

I would like to get a second opinion my mother adopted my son and my mom has passed away and I would like to re adopt my son back I’m looking near the end of the year my husband and I buy our house. He is 11 years old and is under guardianship with a family friend. I visit him when I can but... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

What you’re facing is incredibly personal and emotional, and it’s clear that your heart is in the right place. Wanting to bring your son back into your home after your mother’s passing is not only understandable, it’s a reflection of your ongoing commitment as his parent. If the... View More

Q: How can I appeal the court's decision on custody and visitation of my special needs son?

I had sole custody of my 16-year-old special needs son for his entire life until a court recently awarded his father unsupervised visits. Despite years of progress notes from therapists and doctors expressing safety concerns—due to several incidents, with the most recent being when his father... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

Your situation is heartbreaking, and it’s deeply troubling that a drastic change like this was made during a contempt hearing rather than a proper custody or parenting time hearing. That alone may give you grounds to challenge the court’s decision. If a child welfare worker documented the... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Oregon on
Q: How can I regain custody of my son, who is under guardianship in Oregon, and prevent his move to Colorado?

I am seeking guidance on how to regain custody of my biological son, whom my mother adopted and is now under guardianship following her passing. He currently resides in Eugene, Oregon, but is facing a move to Colorado where he will be further away from his sister and me, and he has no family there.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

I'm truly sorry you're facing this—it must be heartbreaking to feel cut off from your own child, especially during such an uncertain time. Since your mother adopted your son, she was legally considered his parent, which means that after her passing, the state would have needed to... View More

1 Answer | Asked in Child Custody for Oregon on
Q: Legal documents needed to enforce custody order in Oregon.

I haven't seen my son in almost a year, despite having a parenting plan that grants me visitation every other weekend. The other parent is not following the custody agreement or the parenting plan, and she has changed her phone number, preventing any communication. I have substantial proof... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

To enforce the custody order in Oregon, you will need to file a motion for contempt of court. This motion is used when one parent is not complying with the court-ordered parenting plan. In this case, since your ex-partner is preventing you from seeing your son and not adhering to the terms of the... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Can mother withhold phone contact if not specified in plan?

I am trying to understand if a mother can withhold phone contact between father and a 5-year-old daughter if the parenting plan does not specify anything about phone contact at this age. The plan mentions that once the daughter is older and has her own communication device, parents may have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

In your situation, the current parenting plan doesn't specify phone contact for a 5-year-old, but it does allow for reasonable communication once the child is older and has a communication device. While the mother is saying she will not allow your daughter to have a phone until she is 15, the... View More

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Oregon on
Q: Can the mother be held responsible for daycare abuse, and what charges could she face in Oregon?

I am the father of two children and have had sole custody since 2020. In August 2020, an investigation conducted by Mt. Hope Safe Center confirmed that my 3.5-year-old daughter was sexually abused by her daycare provider. The children's mother, who placed our daughter in that daycare, denies... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

In Oregon, the mother may not be directly held responsible for the abuse itself, but there are circumstances under which she could be held liable if it is determined she was negligent in her actions. If she placed your daughter in a daycare where she was sexually abused and failed to properly... View More

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
Steven Leskin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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 Family Law, Child Custody, Civil Rights and Domestic Violence for Oregon on
Q: can ex's new wife decide if i can speak with my son or not

recent marriage and she has called me to yell at me for giving my son a sinus nasal spray, she doesn't communicate with me and tell me that she took my son to the ER, She told me that there is no court order that says she has to let my son talk to me?

Steven Leskin
Steven Leskin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2023

A step parent has no legal authority over a child. The legal authority is reserved to the biologic or adoptive parents. Unless there is a court order, a new spouse married to an ex does not have any authority to decide how to raise the child and certainly cannot tell you whether you can or cannot... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.