Mother is 21 and lives in California, parent's are threatening to get custody, dad is 20 lives in Oregon and was told by her aunt that he needed to sign over all his rights to keep her parent's from getting custody.
I’m amidst a divorce and last weekend (we have a ex parte temporary order of restraint-kids in my custody) he had our daughter for the weekend and our ten month old son he only kept for 1 1/2 hours of his 2. He was sleeping and my daughter answered the door for the 8 am, which was answered at... Read more »
This is a tricky situation. On one hand, you do not want to be the parent who is not facilitating a relationship between the child and the father, but if he really wanted his time, he would be more communicative. He needs to be the adult in the situation and make the effort in my opinion. I...Read more »
Supervised visits until she can get she completely out of her life. My question is on my custody papers am I allowed to move I remember I had check marked a box that said something along the lines of I don’t need to notify the courts or other party if moving more than 60 miles from other parent.... Read more »
If the judge did approve that you do not have to give statutory notice, then you do not. The custody order in Oregon is valid in any state. You may want to register it as a foreign judgment in the new state. You would need to contact an attorney in the new state about that paperwork, but it is...Read more »
My girlfriends parents (A) are talking about filing for custody to their son’s (B), kid(C) Citing drug use in (B) as reason. No criminal record on (B), just accusations from family , mostly. If CPS is notified, what are they gonna do? B,C, live along with c’s mother separate from A.
!. Biological Parents have the superior right to parent their children but if they are being neglectful DHS can take their children into protective custody. It would not be neglect for a parent who knows and admits they have a problem to place their child voluntarily with a another responsible...Read more »
I am worried that if anything were to happen to me my child would go to their father. He has not been a part of their life but will not sign his rights over. I am married and my s/o has been here since before my child was born. Is there a legal way to make my child’s step... Read more »
You can certainly nominate your husband to be the guardian and state some information in the nomination that will help the court know why. As your husband has had a significant role in your child's life he would qualify as a psychological parent and could petition the court to grant custody in the...Read more »
When I was 19 my dad was awarded custody of my.son when he was 3. I got my life together and when my son turned 6 he moved back in with me. He has lived with me for over 2 years now can my dad still take him away from me whenever he wants do I have rights
It sounds like you are in a good position to Petition the court to return your son to your custody. This would prevent your father from asserting his right to custody which he technically still has since the only court order at present gives him custody. But I want to caution you to speak to an...Read more »
If the other parent is the custodial parent you have a duty to return the child to them when your parenting time as stated in your parenting plan is done. You don't let the child decide, you put them in the car and drive them home. The other parent doesn't need to mediate with their own child,...Read more »
my ex says that because she has a half day i am supposed to get her from her after the time that school would let out. i thought that once she dropped her off at school i would pick her up at school regardless of what time school got out
The current terms of your parenting plan control if you and your ex can't agree. If it says "Friday after school" then you get to pick her up after school, whatever time that is. If it states a particular time, then maybe it isn't clear. If this is going to be an issue just go back to court and...Read more »
I am the non-custodial parent, living in Portland (3 nights a week with our daughter) and my ex lives in Happy Valley (4 nights a week with our daughter). Happy Valley is 13 miles south of my residence in Portland. Can she move my child to Albany (which is technically 62.5 miles from Happy Valley,... Read more »
If I were you I would file with the court some type of motion, probably asking the court to give you custody if the mother moves. That will get the issue back into court so you and the mother can go to mediation and get some clarification as to what custody and parenting time are going to be...Read more »
I have sole legal and physical custody of my kids. Their dad just got 6 months in jail for intimate harrassment and DUI (his 3rd total, he got 2 five years ago). I want to move 5 hours away to be closer to my family where I have more support. Can I do this without his permission?
Assuming there is already a court order or judgment giving you custody and laying out a parenting plan (visitation) you need to read that order or judgment and see if there is any language in that document that discusses whether you can move or not. Typically these Judgments will say you can't...Read more »
I am going to assume that there is no restraining order that prevents you from having contact with the boy or his mother. Generally speaking there is no law against him contacting you or any other human being on the planet for that matter. However there may be consequences which his mother will...Read more »
Minor was receiving state benefits, don't know how to address social security benefits. He has an adult sibling that agrees with my husband and i having guardianship. Child is not doing well academically.
You don't need to be appointed Guardian to contact social security and be appointed as the designated payee for the minor's social security benefits. SS will just require you to file a report once a year as to how you used the funds. You mention that the minor also receives state benefits so I...Read more »
If you were ordered to pay support while the child lived with the mother then you definitely want to modify the support so you don't continue to be liable for payments while your daughter lives with you. That would involve also recalculating the support so yes, the mother may end up having to pay...Read more »
My ex wife and I share joint custody of our three children, but they live with me. It has been almost a year since she stopped following our parenting plan to have them every other weekend. She goes months without seeing them. She even changed her number and failed to tell me until months later... Read more »
In Oregon, Joint custody is only by mutual agreement. Either parent can ask the court to stop joint custody and determine who has custody going forward at any time. So assuming your parenting time/custody order came from an Oregon Court, that would be the law. However if a court in another State...Read more »
If you have joint legal custody of your children, legally you cannot make that decision without agreement from your ex. If you have sole legal custody of your children with 50/50 parenting time, you can make any major medical decisions without your ex. If your ex has sole legal custody and you...Read more »
Mother removed children from oregon. Got restraining order for domestic violence and because children were being abused/neglected. Judge in oregon allowed father to violate order and virbal badger children and mother. Judge gave custody to father because of restraining order.
There is a lot of information that is needed to provide a full answer. In general, Oregon restraining orders are only good if there has been abuse of one party by the other. The children are obviously involved, but a restraining order likely wouldn't be upheld if it is based on abuse of the...Read more »
We do not have a court ordered visitation schedule but I limit him to when and where he can see our kids (due to a history of mental illness). If I accept child support that he is offering will he be entitled to standard visitation?
I have custody. Twice now my daughter has returned from her mother’s with head lice. I have told her what she needs to do take care of it and obviously hasn’t. What can I do to make her comply ? Also I told her my daughter will not go back until it’s taken care of , is that ok? She has my... Read more »
Your hands seem to be tied in this situation. You cannot force your daughter's mother to do anything, unless it is stated in the judgment/parenting plan. If your judgment states that the mother must keep a sanitary home, you could file a motion to enforce the judgment, but that is not standard...Read more »
Both my boys have autism, and my youngest is mostly non verbal. Something happened over at his Dad's that caused my son to have PTSD. If I say "Dad" in ANY context (in any convo to others) he turns white and panicks. Sadly he can't tell me why. I was granted sole custody of them both in the... Read 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.