Oregon Child Custody Questions & Answers

Q: My aunt passed away and I need to obtain guardianship of my cousin who is 13. No will. No biological father.

2 Answers | Asked in Family Law and Child Custody for Oregon on
Answered on Apr 15, 2019
Joanne Reisman's answer
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 am not sure what type of benefits you are talking about. Federal SS, SSD, and SSI payments are administered through the State of Oregon for Oregon residents.

It sounds like all the surviving...

Q: What should I do if mother had a stroke recently?

1 Answer | Asked in Child Custody and Child Support for Oregon on
Answered on Apr 13, 2019
Joanne Reisman's answer
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 support but that would be based on the new income circumstances for the mother. If mother had a stroke and can't work, she may have little or no income. If mother ends up collecting social security...

Q: Can a parent lose joint custody for not practicing visitation and not paying child support?

1 Answer | Asked in Child Custody for Oregon on
Answered on Apr 2, 2019
Joanne Reisman's answer
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 set up the custody situation, Oregon Law would not control. The court which originally made the custody/parenting time order has sole jurisdiction until there is a formal transfer of the case....

Q: I have 50/50 custody of my children. Can I vaccinate my child without my ex's permission, consent or knowledge?

2 Answers | Asked in Family Law and Child Custody for Oregon on
Answered on Feb 28, 2019
Jessica Larsen's answer
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 share 50/50 parenting time, you do not have a say in the decision at all. You should review your judgment for that language and seek assistance from an attorney if you have questions.

Q: If a judge in oregon is presented a restraining order thats from washington Do they have the option to uphold it or not

1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Civil Rights for Oregon on
Answered on Feb 21, 2019
M. Nicole Clooten's answer
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 children alone. That would be something that would be addressed in an immediate danger filing. I am not sure where this other order is from, so I cannot comment on the requirements for that jurisdiction....

Q: If I accept child support does it entitle the father to more visitation rights?

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Answered on Feb 1, 2019
M. Nicole Clooten's answer
The short answer is no. He would have to file with the circuit court to obtain court-ordered visitation.

Q: How can I make my daughter laugh mother comply?

1 Answer | Asked in Family Law and Child Custody for Oregon on
Answered on Jan 31, 2019
Jessica Larsen's answer
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 language for a judgment. If your child was in danger, you could file a motion for immediate danger to suspend parenting time, but generally courts do not view head lice as a dangerous situation....

Q: If CPS illegally took my child can you sue at any time before or after trial?

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Civil Rights for Oregon on
Answered on Jan 22, 2019
M. Nicole Clooten's answer
What was the basis of the action at the shelter hearing?

Q: I have sole custody of my 2 sons with autism and want to move out of state without my ex knowing.

1 Answer | Asked in Family Law and Child Custody for Oregon on
Answered on Jan 7, 2019
Vincent J. Bernabei's answer
The answer depends on the terms of your judgment of dissolution of marriage. If it states you are required to give notice of your move, then you are required to give notice.

The decision whether to modify parenting time to permit the relocation of children hinges “solely on the best interests of the children.” The only question is whether the children are ‘better served’ by relocating.

The court must consider the following relevant factors:

(a) The emotional...

Q: If served a restraining order and what the petitioner said is not true. Along with pulling a 15 year old child into it

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Oregon on
Answered on Jan 3, 2019
Vincent J. Bernabei's answer
A court may issue a Family Abuse Restraining Order “upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition;” that "there is an imminent danger of further abuse to the petitioner;" and “that the respondent represents a credible threat to the physical safety of the petitioner or the petitioner’s child.” At hearing, petitioner must establish all three requirements or the restraining order must be...

Q: I don’t want my child around my ex’s abusive boyfriend. No custody agreement is in order, only verbal. What can I do?

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Oregon on
Answered on Dec 17, 2018
Jessica Larsen's answer
If no one has previously filed for custody, you may file a petition for custody with appropriate parenting time awarded to the other party. You can find pre-printed forms at the courthouse in your county. However, you should keep in mind that the court generally awards custody to the parent that has been the primary parent for the child's life. If Mother has been the person to meet your daughter's needs on a day-to-day basis, the court may favor her. However, the abuse against Mother works in...

Q: Can you go back to court ordered custody if the verbal agreement that was made is no longer working out

1 Answer | Asked in Child Custody for Oregon on
Answered on Dec 10, 2018
Daniel DiCicco's answer
You're in a bit of a pickle. Yes, you can go back to the old plan, but also the other parent can object and you'll find yourself in litigation if he or she does. The court-ordered parenting plan is the only legally enforceable plan at this time.

Q: Can I move after I filed a petition for custody, child support and parenting time?

1 Answer | Asked in Family Law and Child Custody for Oregon on
Answered on Dec 6, 2018
Daniel DiCicco's answer
Indeed you may. However, the other party may move at any time for an order to restore the "status quo", which is the parenting time arrangement of the parties in the 90 days leading up to filing. You could find yourself with an order to return right back from whence you came, which could potentially be highly inconvenient.

The other party has 30 days to respond to a petition. I would counsel that you do not move, and that you retain an attorney.

Q: I am curious as to when I should file for custody. When I'm stable or now

1 Answer | Asked in Family Law and Child Custody for Oregon on
Answered on Nov 28, 2018
Jessica Larsen's answer
It depends largely on the situation. If you currently have a parenting plan and have established visitation, you can file a motion to enforce the judgment. This would allow the court to order the father to abide by the judgment and grant you your parenting time. If there is no judgment in place, you can file for custody. Custody is evaluated by several factors; courts give a lot of credit to the parent who has been caring for the child and meeting their day-to-day needs the majority of the...

Q: Can I deny court mandated visitations if I feel there's a threat of harm?

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Oregon on
Answered on Nov 28, 2018
Jessica Larsen's answer
You can be held in contempt if you fail to abide by the parenting time established in your judgment. I think your best course of action if you believe your child is in danger is to file an immediate danger motion which could temporarily suspend parenting time until you are able to serve the other party the paperwork for your modification or until the modification is complete.

Q: I just won custody of my daughter this morning. Can I have her live with my mother until I get our home next month?

1 Answer | Asked in Child Custody and Family Law for Oregon on
Answered on Nov 19, 2018
M. Nicole Clooten's answer
If you are the sole custodian, that means that you make the decision as to where the child lives. However, you want to be careful about the amount of time you are not with the child, because being away that long could reflect poorly in future proceedings if there are any. Additionally, if there is a provision in your parenting time plan that each party gets the first right of refusal for providing care in the even that the other parent cannot, you will have to abide by that provision.

Q: I am a noncustodial parent. Can I take child out of county during my parenting time without permission if give notice?

2 Answers | Asked in Family Law and Child Custody for Oregon on
Answered on Oct 31, 2018
Joanne Reisman's answer
You would need to have an attorney look at and interpret your entire parenting plan to give you a specific answer. But from the limited info you gave it sounds like giving notice and location info is all the required. Generally speaking you should always let the other parent know where you and the child are during a visit. it is just common courtesy and they have a right to know. If this clause causes you problems, go back to court and get the parenting plan amended.

Q: how do i get my daughter back, when courts and police wont help

1 Answer | Asked in Family Law and Child Custody for Oregon on
Answered on Oct 30, 2018
M. Nicole Clooten's answer
This is a tough problem that I have seen in the past. If he is not on the birth certificate or otherwise legally established as the father, he is likely committing kidnapping. The police should help. Ask to speak to a supervisor or the captain of the police department and explain what is happening. At the same time, you should probably file for custody through the court and file a status quo order to get the child back, depending on how long he has had the child.

Q: We have full custody now my step son's mom wants full custody how does it look for us?

1 Answer | Asked in Family Law and Child Custody for Oregon on
Answered on Oct 30, 2018
M. Nicole Clooten's answer
In order to change custody from one parent to the other, the moving party has to prove that there has been a substantial change in circumstances. From the facts you have given, that seems unlikely. I would need to know a bit more about the facts and background, but it generally sounds like she would not have a very strong case.

Q: How do I get an immediate danger order against me dismissed in the proper steps/forms

1 Answer | Asked in Family Law and Child Custody for Oregon on
Answered on Oct 30, 2018
M. Nicole Clooten's answer
You will need to file a request for hearing, which should be available online. The burden of proof for the moving party will be whether the child or children were in imminent danger of further abuse at the time of filing.

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.