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 
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
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
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
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
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
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
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
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
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
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
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
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?
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
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
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.
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
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?
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
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
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
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
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.
answered on Feb 21, 2019
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... View 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?
answered on Feb 1, 2019
The short answer is no. He would have to file with the circuit court to obtain court-ordered 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... View More
answered on Jan 31, 2019
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... View More
My daughter was taken illegally before reasonable efforts were made and no imminent danger was present all before obtaining court order.
Have never signed a safety plan..also they never have been in my home. Have tried firing court appointed attorney the past 3 hearings since he refuses to... View 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... View More
answered on Jan 7, 2019
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... View More
answered on Jan 3, 2019
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... View More
My child’s mothers boyfriend is abusive and has been arrested for strangling her before. I don’t want my daughter growing up around him, but I don’t have any court custody agreement what so ever. Just verbal agreements. What can I do?
answered on Dec 17, 2018
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... View More
We have had a verbal agreement for about a year but now having issues with co parenting so wanting to go back to court order to make it easy
answered on Dec 10, 2018
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.
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