Get free answers to your Family Law legal questions from lawyers in your area.
A lawyer has requested me not to talk to a specific elderly person about topics that *may* upset the person under threat of getting the court to disallow communication. Those are the primary topics that said person likes to discuss. They aren't illegal topics. Just sharing opinions.... View More 
answered on Dec 11, 2024
In Oregon, when a Guardian has been appointed for an incapacitated adult (protected person) the Guardian may limit association between the protected person and another person "To the extent the guardian determines necessary to avoid unreasonable harm to the protected person’s health, safety... View More
I was coerced into facing the grand jury for my partner and was told if i didn't go in front of them and speak up about what happened, then I would be charged with a crime. I did not want to go, nor did I ever want to press charges, let alone have a no contact blessed on us. It's... View More
answered on Oct 7, 2024
It is very common for victims of DV to later recant and/or want no contact orders lifted. Very rarely is that granted. You can try talking with her attorney to see if you can do anything to help her legal position but ultimately, the legal process will play out and you can't alter it very... View More
If there is no power of attorney or will. Even after in the beginning the friend was allowed to make decisions for the family member when the said patient first was in the hospital?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2024
A "friend", whether it is a romantic partner or a life long friend or even man's best friend, has no rights to make end of life decisions unless that person is named in an advance directive as the decision maker. The hospital will have a procedure it follows for making these crucial... View More
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
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
I have specific dates listed on my parenting plan and my children’s father is scheduled to have them while they’re still in school (he lives out of state) I’ve been tirelessly trying to work with him and plan our summer for months and to see if he wanted to extend his dates or change them. He... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2024
The language of the parenting plan controls.
If you did the divorce yourself, it is likely deficient in spelling out exactly what the rights and responsibilities are of each parent. You should not need to work tirelessly to arrange parenting time. Those details should be in the parenting... View More
Would go to my daughter. He is getting married at the end of this month and my daughter is concerned. How do I protect her interest.
answered on Jun 7, 2024
You will need an attorney to review your final Divorce Decree. My guess is that it doesn't actually say this because there are only a limited number of ways to control the house. It could have gone into a Trust for your daughter with the ability for your ex-spouse to live there for his... View More
Would go to my daughter. He is getting married at the end of this month and my daughter is concerned. How do I protect her interest.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2024
That marriage will give spouse rights. Why did your lawyer not get you a life estate/remainder deed at the divorce hearing? You might record a certified copy of the divorce decree in the County of the house, but the surviving spouse might try to ignore it. A contempt action probably does not... View More
A witness in the case served me thru mail from California to Oregon where I live, cuz judge allowed it after he found I was evading service. Then I filed documents asking the other parent to provide me with evidence and to quash service and terminate the order and my motions/requests went... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024
First, you should file a motion to set aside the restraining order with the California court, explaining that your previous motions to quash service and request evidence went unanswered. Emphasize that the court’s lack of response has deprived you of due process and that the restraining order is... View More
I have all the necessary evidences to prove against at least a dozen officials for deprivation of civil rights and one with conspiracy. I ant find an attorney. I am lucky to fall under 28USC1331 and also 28USC1332. It's rare to fall under one requirement, let alone they both apply to my case.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024
Filing a lawsuit under 42 USC §§ 1983 and 1985 in federal court is a significant legal challenge, especially for someone representing themselves. To start, ensure you clearly understand the legal requirements for these claims, including the need to demonstrate how each official deprived you of... View More
she also moved to another state
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
I can't find paperwork or soc sec.number how could I get that information legally as his wife? I have 2 order our marriage certificate since don't have that anymore either
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024
In your situation, gathering necessary documents and information following the passing of your veteran husband can feel overwhelming. First, obtaining a copy of your marriage certificate is a wise step. You can request this document from the vital records office in the state where you were married.... 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
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
I provided my soc.
PhotoID
And other bank account
Offered my birth certificate
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024
I'm sorry for the frustration this situation must be causing on top of grieving your father's loss. The bank likely has certain procedural requirements they are obligated to follow before releasing funds, but there may still be some things you can do here:
- Request a written list... View More
My mother plans to create a Special Needs Trust for my brother to manage any inheritance that he receives from her. This inheritance could exceed $500k. My brother is married, on disability, and a very poor money manager. My mother’s primary goals are to ensure that my brother has a safety net... View More
answered on Feb 1, 2024
Your mother can create a Third Party Special Needs Trust (it can be embedded in her Living Trust or stand-alone). Mom can/should name anyone OTHER than your brother to serve as the trustee for this SNT with him as beneficiary. As an example: you could be trustee for your brother (in charge of... View More
(Last name only to match mine)& wondering if a judge would sign off on it without notifying her Biological father who hasn’t supported her or had any contact with her in 3 years. She has also never lived with him since our divorce 4 years ago. He is currently in jail facing prison time &... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024
In Oregon, changing a child's last name typically requires notification to both parents, even if one parent, like the biological father in your case, has been absent or has a history of substance abuse. The court generally considers the best interests of the child in such matters, and your... View More
Financial hardship, mental abuse, child endangerment, harassment, sexual abuse. Child trauma, emotional distress, all these things happened to me and my children
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024
If you were wrongfully convicted of a crime in Oregon but later won your appeal, you may have grounds to pursue legal action against the state for the hardships and trauma you and your children experienced. Wrongful convictions can lead to significant emotional, financial, and reputational damages,... 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?
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
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?
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
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
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
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
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
