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Oregon Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Oregon on
Q: I have full custody of my grandchild in NJ he went to visit his father in oregon now he will not let him come back

I have had him for 10years his father will not let him come back or talk to me what rights do I have

Joanne Reisman
Joanne Reisman
answered on Sep 2, 2019

If you have a court order or judgment granting you custody you can ask an Oregon Court to grant you a writ of assistance so the police in Oregon will help you get your grandchild back.

1 Answer | Asked in Child Custody for Oregon on
Q: How long does my ex have to return a child to state once status quo has been approved and served?

My ex took my child and moved to texas, she hasnt really worked in almost 2 years and lives off of anyone she can. I have filed and been granted status quo and temporary emergency custody. I will be sending it off to her county to have her served, but once she is served how long does she have to... View More

Joanne Reisman
Joanne Reisman
answered on Sep 2, 2019

There is no rule as to how long she has. She either does or doesn't return the child. If she doesn't you may have to get a lawyer in Texas to help you get what is known as a writ of assistance from the court in Texas. Once you have a writ of assistance then the police in Texas can... View More

1 Answer | Asked in Domestic Violence, Family Law, Adoption and Child Custody for Oregon on
Q: I live with my dad and he is mentally abusive to me mostly. I babysit my 2 siblings from 8 to 10 hours a day. I’m 15

I get no compensation. I don’t want my dad to get into trouble and get my siblings taken away. I want to know what my options are to get out of my house. Could I move in with a different family member? Would I get in trouble legally for leaving?

Joanne Reisman
Joanne Reisman
answered on Aug 19, 2019

You generally have only two options - let your mother know so she can Petition the court for a change of custody or report that you are being abused to children's services or a school counselor or your doctor. If you report abuse there will be an investigation and you and your siblings could... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Oregon on
Q: My boyfriend is currently going through a divorce and custody battle here in the state of Oregon. Refer to more info

He is part of a shelter for domestic abuse. His caseworker there apparently told him that adultery can be used against him in court during his custody battle. Is this a legitimate thing? Because I myself have read that adultery cannot be used against him unless it directly affects a decision that... View More

Joanne Reisman
Joanne Reisman
answered on Aug 6, 2019

Adultery has no place in modern law. Adults can have sex with other consenting Adults in private and it is not relevant unless it is somehow detracting from the children getting proper care. But the fact that adults have relationships with other Adults to whom they are not married, alone, is not... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Is it legal for a father who isnt on the birth Certificate to take the child to get a DNA test without the mom knowing

Is it legal for father who isnt on birth Certificate to get a DNA test with child without mothers consent or knowing and without a court order. Not upset paternity got established I was just curious as to how someone who isnt on a birth certificate can take a child to get tests done. Really just... View More

Joanne Reisman
Joanne Reisman
answered on Jul 30, 2019

Not sure what your objection is really about. DNA can be tested from a hair sample or a saliva sample so it isn't really that big a deal. Are you upset because this man is the father but you want to suppress this fact so you can cut off his access to the child? Are you upset because this... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Does the father of a child need to give up his rights to the mom to help keep the grandparents from getting custody

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.

M. Nicole Clooten
M. Nicole Clooten
answered on Jul 23, 2019

I would need a lot more factual background to answer this question. What contact have the parties had with the child? Where is the child currently? Who is the primary caretaker?

1 Answer | Asked in Divorce, Family Law and Child Custody for Oregon on
Q: Do I have to contact the other parent for a time to pick up his kid, if he does not call or text for his parenting time?

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... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Jul 23, 2019

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... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: I have a custody order in Oregon, I was awarded sole legal and sole physical custody. Other parent currently has

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.... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Jul 23, 2019

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... View More

1 Answer | Asked in Child Custody for Oregon on
Q: What rights do grandparents have to their grandchild? How do they get custody?

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.

My... View More

Joanne Reisman
Joanne Reisman
answered on Jul 6, 2019

!. 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... View More

1 Answer | Asked in Child Custody for Oregon on
Q: Does my child have to go to their father if something happens to me?

State of Oregon.

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... View More

Joanne Reisman
Joanne Reisman
answered on Jun 23, 2019

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... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: My dad was awarded custody of my son at 3. At 6 he moved back w/ me & has been living w/ me for 2 years, do I have right

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

Joanne Reisman
Joanne Reisman
answered on Jun 18, 2019

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... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Son does not want to go back to other parent

My son is refusing to go to the other parents. Other parent is custodial parent, as Oregon doesn't allow joint unless agreed upon.

Ask the other parent to do mediation with child, other parent refused. Ask for parent to come speak with child they the parent wont but is demanding their... View More

Joanne Reisman
Joanne Reisman
answered on Jun 12, 2019

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... View More

1 Answer | Asked in Child Custody for Oregon on
Q: if my child gets out of school early on the day i pick her up from school do i pick her up from school or from my ex?

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

Joanne Reisman
Joanne Reisman
answered on Jun 4, 2019

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... View More

1 Answer | Asked in Child Custody for Oregon on
Q: Can my ex & kid move 60 miles away from her current residence, establish residence there, and then keep moving further?

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,... View More

Joanne Reisman
Joanne Reisman
answered on May 23, 2019

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... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can I move with my kids while my ex is in jail?

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?

Joanne Reisman
Joanne Reisman
answered on May 18, 2019

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... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Signed away my rights to my son as a baby. Now he's 17 and wants contact. His mom is against it. Can he choose?
Joanne Reisman
Joanne Reisman
answered on May 15, 2019

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... View More

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: My aunt passed away and I need to obtain guardianship of my cousin who is 13. No will. No biological father.

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.

Joanne Reisman
Joanne Reisman
answered on Apr 15, 2019

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... View More

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1 Answer | Asked in Child Custody and Child Support for Oregon on
Q: What should I do if mother had a stroke recently?

My youngest daughter will move with me full time until mother recovers which might be a long time. Should I file for child support from her?

Joanne Reisman
Joanne Reisman
answered on Apr 13, 2019

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... View More

1 Answer | Asked in Child Custody for Oregon on
Q: Can a parent lose joint custody for not practicing visitation and not paying child support?

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... View More

Joanne Reisman
Joanne Reisman
answered on Apr 2, 2019

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... View More

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: I have 50/50 custody of my children. Can I vaccinate my child without my ex's permission, consent or knowledge?
Jessica Larsen
Jessica Larsen
answered on Feb 28, 2019

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... View More

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