Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oregon Child Custody Questions & Answers
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... View 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... View 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... View 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... View 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... View More

View More Answers

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... View 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... View 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... View More

1 Answer | Asked in Divorce, Child Custody and Juvenile Law for Oregon on
Q: Can a noncustodial parent sign dmv forms for my 16 y/o stepson to get his driver's license in Oregon?
Joanne Reisman
Joanne Reisman
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.

3 Answers | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: What can I do as a pregnant teen, if the father of my child wants to sue me for full custody of our unborn child?

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

M. Nicole Clooten
M. Nicole Clooten
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

View More Answers

1 Answer | Asked in Child Custody for Oregon on
Q: could i file for temporary immediate custody if the other parent is now following the parenting plan? joint custody file

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

Joanne Reisman
Joanne Reisman
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

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Oregon on
Q: What are the laws regarding abuse of process and frivolous subpoenas?

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

Joanne Reisman
Joanne Reisman
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

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: I was served a motion to modify my divorce papers and child support from my ex in the state of Maine. I live in Oregon

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.

Joanne Reisman
Joanne Reisman
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

1 Answer | Asked in Child Custody for Oregon on
Q: Interstate Child Custody?

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

Joanne Reisman
Joanne Reisman
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

1 Answer | Asked in Child Custody and Child Support for Oregon on
Q: If the father has never paid child support does he have parental rights with no court order?

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?

Joanne Reisman
Joanne Reisman
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

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: Can parents of the chid change agreed upon parenting days without custody? There is no court ordered custody agreement.

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

Joanne Reisman
Joanne Reisman
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

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Oregon on
Q: Is there a lawyer whom does or would be willing to help me for almost nothing?? I desperately need help

I'm uneducated to how the system works and I need help

Vincent J. Bernabei
Vincent J. Bernabei
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

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Oregon on
Q: Are CPS workers allowed to refuse to give a parent a UA if they ask for one?

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

Joanne Reisman
Joanne Reisman
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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oregon on
Q: Can the amount of child support be changed without notifying the parent who receives it?

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

Joanne Reisman
Joanne Reisman
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

1 Answer | Asked in Child Custody and Child Support for Oregon on
Q: If the father isn't on the birth certificate, do I already have sole custody? Do I need to file for it? How do I file?

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.

Joanne Reisman
Joanne Reisman
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

1 Answer | Asked in Child Custody for Oregon on
Q: I have sole custody in Oregon and let my son move to CA with his dad. Does his dad now have physical custody?
Joanne Reisman
Joanne Reisman
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

2 Answers | Asked in Child Custody and Family Law for Oregon on
Q: can i get custody of non biological children

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

Vincent J. Bernabei
Vincent J. Bernabei
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

View More Answers

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.