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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 
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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
she also moved to another state
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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
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
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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
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?
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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
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?
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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
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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
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
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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
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
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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
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
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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
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
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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
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
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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
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
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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
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
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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
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
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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
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
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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
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
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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
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
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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
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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
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
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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
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?
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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
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