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Oregon Child Custody Questions & Answers
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
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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

1 Answer | Asked in Adoption, Child Custody and Family Law for Oregon on
Q: How can I get custody of my little brother who lives in Oregon and I live in NY?
T. Augustus Claus
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answered on Sep 12, 2023

First, you'll need to establish legal standing, demonstrating your significant and beneficial relationship with your brother. Then, you'll file a custody petition in Oregon, his primary place of residence, and notify all relevant parties, including his parents or legal guardians. Collect... View More

1 Answer | Asked in Child Custody, Child Support and Bankruptcy for Oregon on
Q: can i discharge legal fees that are awarded for a custody but specifically NOT for support that i owe the other party,

my ex started a petition to change parenting time and custody and won custody and is now asking for thier legal fees. child support was never has never been part of this process nor in any of the motions or petitions simple custody and parenting time. i want to discharge these legal fee in a... View More

Stuart Nachbar
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Stuart Nachbar
answered on Nov 17, 2022

First and foremost, I recommend that you consult with Counsel experienced in this type of matter in your Jurisdiction.

Second, I would say, it depends on how it is written in the State Court, because 11 U.S.C. 523(a)(15) is a catch-all for any types of Orders in the matrimonial court not...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Social Security for Oregon on
Q: I have my 14 yea RT old twins , one has down syndrome. Which parentd household should get his SSI?

Joint custody .live with dad 70 percent of time but mom gets the SSI and is representative payee. Zero dollars go to my household for his needs. No child support awarded.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

If you believe that the current arrangement is not in the best interest of your child, you may file a request with the Social Security Administration to become the representative payee or seek a modification through the appropriate legal channels.

Sincerely,

James L. Arrasmith...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: In OR state what does a father need to prove/document to receive full custody in a split from child's mother (unmarrie

Ex-girlfriend (mother of 2 kids) has repeatedly kicked out father and tried to ruin his reputation. She has called police and attempting to falsely get him arrested (police have not sided with her). Additionally she has kicked him out several times and is emotionally abusive to him, using the... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 5, 2022

Oregon custody laws encourage parents to share in the rights and responsibilities of raising their children so long as it is in the best interests of the children. There is a distinct difference between a custody determination and parenting time. Custody decisions are about who will have... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Oregon can unmarried mother take kids out of state with no custody order
Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 28, 2021

Oregon and most other states follow the Uniform Child Custody Jurisdiction Enforcement Act. This law generally requires that custody disputes be resolved in the home state of the child. The home state of the child means the state in which the child resided for at least the six months immediately... View More

2 Answers | Asked in Child Custody, Admiralty / Maritime, Juvenile Law and Municipal Law for Oregon on
Q: Is it legal to dissipate ones assets and terminate ones parental rights and operate during the COVID 19 state shut down?

Is it legal or even right to dissipate a biological parent (the mothers) ; her assets; My funds, my right to be a human-do things like vote, make medical decisions, or be an ABLE body of my own? While under terms of the state shut down,from being a created parent which of whom was not approved of... View More

Tom Evans
Tom Evans
answered on Aug 8, 2021

Sorry, but your question should be directed to a fanily law or domestic relations attorney.

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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: How to do i get my chdren out of an abusive home?

I am in need of legal assistance with my post judgement child custody case. I am in fear for my childrens safety and well being. They currentlyreside with my ex wife and her abusive husband. I have made several attempts to file paperwork myself. I have multiple court documents and supporting... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 23, 2021

I am so sorry to hear of your dilemma. You will need to consult with an attorney in your area to determine whether you have unwittingly undermined your claim by trying to present your claim without legal representation. Generally, whenever there is a motion to modify custody, you as the moving... View More

1 Answer | Asked in Domestic Violence, Federal Crimes, Libel & Slander and Child Custody for Oregon on
Q: My wife assaulted me, she filed a false restraining order and kidnapped our kids and is using emotional blackmail.

She emotionally blackmailed me into not submitting any evidence at the trial, so she was found innocent. Now she is using the restraining order and the threat of arrest as blackmail to take full custody of our children despite me offering several reasonable alternatives involving joint custody. Can... View More

Gregory L Abbott
Gregory L Abbott
answered on May 31, 2021

It is not clear exactly where things currently stand. It sounds as if she assaulted you, was charged, went to a trial in which you failed to testify to the facts and she was found not guilty. She also obtained a restraining order against you prohibiting you from having contact with her or your... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I was served custody paperwork dated 11/16/2010. Is it still valid being dated wrong.
Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 15, 2020

The main purposes of service of legal pleadings (service of process) are (1) to notify a person that there is a court proceeding that may affect his or her legal rights and (2) to give that person an opportunity to contest the claim. If the purposes are met, the service of process is considered... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: How long is the process to petition the court to move out of state if I have joint custody?

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.

Vincent J. Bernabei
Vincent J. Bernabei
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

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.... View 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... View 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... View 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...
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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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