Get free answers to your Child Custody legal questions from lawyers in your area.
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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... View More
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... View More
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.
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.
We need to know what the next step would be for the parents to going to court today and get the child back
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... View More
answered on Jan 19, 2020
You will need to ask he DMV. But you are a step parent and not either a custodial or non-custodial parent. To save on being hassled just have one of his parents go with him. I don't think DMV cares who has legal custody.
His reasoning is because he doesn’t want our child around their grandfather who has some sort of dementia or something like that at the moment because it could get hostile, but I do not think that he would be able to manage taking care of a child and a job and many other responsibilities that he... View More
answered on Jan 17, 2020
The first question that I have is how old is your boyfriend? There could be some criminal liability on his part. Each parent has a claim to custody of the child, but the court gives a lot of weight to the primary caretaker of the child. Obviously there is no primary caretaker at this point, as... View More
the plan states to do breast milk and if needed formula but i have text proof that we agreed on only breast milk, and formula if he ever ran out. he refused to take the breast milk for this week and is all of a sudden switching the child to formula, which is not good for my child's stomach. we... View More
answered on Jan 15, 2020
It isn't clear whether the parenting plan you refer to is something that is already ordered by the court or just something you two agreed to informally. When a child is young and still nursing typically the court doesn't order over night visits with the other parent but rather just short... View More
Me and several people are being subpoenaed by the opposing party in regards to guardianship of a minor. Several of which have either passed away or haven't even associated with the involved parties enough to warrant a satisfactory reason for the subpoena. The opposing party requesting all the... View More
answered on Jan 7, 2020
If the subpoena is truly frivolous you can file a motion to quash the subpoena and explain to the court why you think this is frivolous. Just because subpoena's are being issued doesn't mean that they will be served. In Oregon the party serving the Subpoena has to tender a check for a... View More
I need to respond but not sure if I can go through my local county court office or if I have to file online or over the phone with the court in Maine? I’d like to consult with a family lawyer.
answered on Jan 4, 2020
Look at the paperwork. If it is all related to a proceeding in Maine then you have to respond in the court in Maine. But if it is Oregon assisting a child support case from Maine then you may be able to respond in Oregon, most likely asking for an administrative hearing. The paperwork should... View More
I'm a single mother of 1 year old twins. The father of the twins has done nothing to provide for his sons, never even texted to see how they're doing, and has only seen them about twice since their birth. I recently got the packet for child custody, however, I've heard that things... View More
answered on Jan 2, 2020
First of all you can go to the district Attorney in the county you live in and ask them to establish child support. They will do this for free. You can also file for child custody in the Oregon County you live in. You will just have to serve the papers on the father in California. Assuming that... View More
My son is two his father has never paid his child support and is now trying to get back in our lives. I believe this to be harmful to my son. Does he still have his rights?
answered on Dec 29, 2019
Yes, he has the right to Petition the court to get visitation with his child. As part of any court order allowing visitation the court will also order child support. If you already have a child support order and he has not been paying, you can go to the local district Attorney and ask them to... View More
I currently live in Oregon. Father pays child support, but currently there is not custody agreement. Both parents were on a schedule with the child prior to the change. Mother was week days, and father was weekends. Mother changed parenting days to every other weekend. Does the father have any... View More
answered on Dec 16, 2019
Parents have the right to Parent. No court order is technically required to determine custody or parenting time. The reason to go to court to get an order is to balance out the rights of the parents with the assistance of the courts. So yes, as a father you do have rights. That's why you... View More
I'm uneducated to how the system works and I need help
answered on Nov 4, 2019
If you need help in finding an attorney, you may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon (800) 452-7636 and ask for a modest means referral. There are some attorneys who are willing to represent clients at a reduced rate.
You could... View More
My son was in the care of someone else while I was at home packing our belongings to flee from a bad situation that I did not want him around. While he was with the other individual he ingested narcotics and almost died. I met him and the person providing care for him at the hospital and the next... View More
answered on Nov 3, 2019
This is too complicated to figure out based on your brief synopsis. You need to contact an Attorney who can both review your details of what happened and review the court records. A reunification plan is only when there is a juvenile court proceeding and in a juvenile court proceeding you would... View More
I have received the same amount of child support for seven years now. My sons father has not changed jobs and is earning the same wage as before. However, the last 5 months I have received 1/4 of the court ordered amount. I found out that his girlfriend recently filed for child support of their... View More
answered on Oct 9, 2019
Hopefully your support is being collected for you by Oregon's Support Enforcement. You need to call them and find out why the amount forwarded to you has gone down. Some reasons it can go down could be he didn't pay the full amount or he lost or changed jobs and the maximum they can... View More
I know who the father is but he won't comply with child support and I need to apply for custody of both of our kids. He is only on 1 birth certificate. I need to know how I do that. I have custody forms but it asks for paternity. We were never married.
answered on Oct 9, 2019
Go to the child support division of your local district Attorney's office and apply for assistance with child support. They will take care of both child support and proving paternity. Once paternity is established you can use the court forms to apply for custody. Just be aware that the... View More
answered on Oct 8, 2019
The original custody order still applies until the court orders a change. However the fact that your son moved to live with his father to California may persuade the court to change custody to the father. It also may depend on how long your son has lived with his father. You really haven't... View More
i hAVE six children 3 of them whore are my childrens sibiling that i have raised 100% there lives 3,4,8 mother is absent for over 3 years and father and i are seperated i raise the children 100% on my own and have played the role of single parent half of there lifes alone since seperation i have... View More
answered on Oct 3, 2019
To obtain custody of a child who is not your biological child, you will have to overcome a legal presumption that the child's legal parent is acting in the best interests of the child. Raising the child may be enough to overcome the presumption that the legal parent is acting in the... View More
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