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Oregon Child Custody Questions & Answers
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 »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: Need to file a motion to modify parenting time (specifically to overnights) and lower child support in Washington Co OR

There is a Judgment entered that I never agreed to or signed granting only visitation 3 days per week for 1.5 hours each time. My visitations were suppose to progress to more parenting time gradually; however, bio mom makes excuses as to why I can’t visit at certain times. My work schedule varies... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 20, 2020

It sounds like you are still following the parenting plan for a new born. At one year of age you should be able to take your child for overnight visits. You will need to pin down a consistent day on which you get your overnight visit however as it is just too hard for the other parent to... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: I’m attempting to get more parenting time (overnights specifically) and lower my exorbitant child support in Oregon.

My visitations were suppose to progress to more parenting time gradually; however, bio mom makes excuses as to why I can’t visit at certain times. My work schedule varies each week and I attempt to give 24 hr notice of my desire to visit, but often get denied by bio mom. How can I present this to... Read more »

M. Nicole Clooten
M. Nicole Clooten answered on Feb 20, 2020

The main question that I have is whether there is an existing parenting time order or judgment. If there is and it specifically allows this parenting time, mother's refusal is a violation of that order or judgment. If there is not, you would need to file a petition to establish custody and... Read more »

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: My son's father has sole custody. He uses drugs everyday. How do I get the court to order a hair follicle test?

I can't afford an attorney, but can afford to pay for the hair follicle testing of drugs. I would also like to pay for my own hair follicle test to be used in court.

M. Nicole Clooten
M. Nicole Clooten answered on Feb 7, 2020

In order to file a motion for a hair follicle test, you would need to file for a modification of custody. You would file a separate motion for a hair follicle test, typically after the order to show cause is signed depending on the facts of your case. Keep in mind, the other party has to have an... Read more »

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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Is my motion granted?

Hood river Oregon. I filed a motion for prejudgment temporary order in a custody case.

A few days ago the lady at the courthouse gave me a packet of papers to serve to my wife and on the front page is an order to show cause and on it it says the motion is granted with the Box check... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 2, 2020

I suspect the motion that was granted was your motion for an order to show cause. In other words, you made a motion to ask the court to set a hearing date and the motion was granted and a hearing date is not set. That's all you have accomplished so far. The hearing date is the opportunity... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: In oregon does the noncustodial parent have to disclose who is providing care for the child if the parent is not?

My soon to be ex is refusing to disclose who is providing care for my child while he is at work and refuses to tell me where she is.

Joanne Reisman
Joanne Reisman answered on Jan 25, 2020

Normally this information would be shared but sometimes there is a good reason not to. The court would have the final say.

1 Answer | Asked in Child Custody for Oregon on
Q: rights of DHS Children's Services to remove a child out of his grandmother's Care on an accusation without a warrant

We need to know what the next step would be for the parents to going to court today and get the child back

Joanne Reisman
Joanne Reisman answered on Jan 24, 2020

DHS does have the power to remove a child if there is an issue that involves the child's care or safety. The child's parents absolutely have the right to go to court and find out what is going on. They can either hire their own Attorney or the court will appoint one on request. The... Read more »

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