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Oregon Child Custody Questions & Answers
2 Answers | Asked in Criminal Law, Family Law and Child Custody for Oregon on
Q: Is anything stopping me from going home?

I'm under investigation as a "sexual offender" which is bogus, I haven't been charged in almost three weeks, the voluntary 10-day non-contact agreement DHS had me sign expired a week ago, no restraining order, but my wife got "emergency custody" due to the... View More

Jessica Larsen
Jessica Larsen
answered on Oct 2, 2018

If you have criminal charges pending against you, you cannot have contact with the alleged victim due to an automatic no contact order that is imposed at the beginning of a criminal case. The house is still marital property, unless there was a legal separation or dissolution proceeding that... View More

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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Defending against restraining order and threat of demanding full custody

my 24-year-old son is being threatened by his ex (and mother of his two young children) to get a restraining order and file for sole custody of their children. She is basing it on a text he wrote -- after she said she didn't want to take the boys back for her "week" on because she... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Sep 14, 2018

This sounds like fairly weak grounds for a restraining order, but I have seen restraining orders granted for less. At this point, because the consequences of having a restraining order against you can be extreme, I would hire an attorney and file for custody. I would also have your son cease... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: What’s the process to file a foreign judgment in Oregon?

Do I just take my certified paperwork to the courthouse and file it? Is that all I need to do?

Joanne Reisman
Joanne Reisman
answered on Sep 10, 2018

There are specific statutes that govern the filing of a foreign judgment and these typically include a requirement that the other party be notified so they can object. Here are some of the statutes which apply: https://www.oregonlegislature.gov/bills_laws/ors/ors024.html There may be other... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Oregon on
Q: Who gets the child's social security card in a divorce with joint custody? Or a separation?

I assume the primary residence holder?

M. Nicole Clooten
M. Nicole Clooten
answered on Aug 31, 2018

There is really no rule as to who has the social security card of the child in a divorce when there is joint custody. Joint custody assumes that the parents are able to agree to a place in which the card will be kept. Probably what should happen is the parties agree to place the card in a safe... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: What are my options? What can I do?

I filed a motion to adjust parenting time due to how the school year played out last year with me doing most the work. I kept track of all the parenting time and situation. I had them approximately 70% of the time and was doing most of the dropping off and picking up from school despite her only... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Aug 23, 2018

Are you sure it was an immediate danger order that was granted? Those are usually reserved for danger of physical abuse. If you have filed for a modification, you should get a hearing at which you can present your evidence as to why you should get the parenting time plan that you are asking for.... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Oregon on
Q: Would withholding medical checkups to a minor be considered neglect? Also refusing to provide food and being controlling

My partner lives in an (from what I can understand) an emotionally abusive situation. His mother uses money to threaten him (take money out of his personal bank account or not buy essential items) and has become increasingly controlling over the past year. I was wondering if there were resources or... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Aug 14, 2018

In order to answer this question, I need some more information. Is your partner a minor or under guardianship? If he is a minor, this likely does not meet the threshold for neglect unless she has actually caused him harm from these threats. Also, there is a difference for what constitutes... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: My kid is 20months and her dad is a repeat felon(violent)and has been around for a year. How can this impact visitation?

The felonies are DUII, aggravated assault with a deadly weapon , felon in possession of a stolen firearm. The most recent one is 2 years. I am the main “caretaker” of our daughter. She currently lives with me.

Joanne Reisman
Joanne Reisman
answered on Aug 8, 2018

I am not sure I understand your question. The father's criminal history has no impact until you file in the court for parenting time (and custody if you still need to do that) and ask the court to set limits based on the father's behavior. When the issue is presented to the court as part... View More

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: if there is no court orders can my daughter be kept away from me by her dad and not allow me to see her? oregon
Joanne Reisman
Joanne Reisman
answered on Aug 7, 2018

At this point you need a court order to prevent this behavior. You will need a parenting plan. If you are married this is part of getting divorced. If you aren't married but paternity has been established you can use forms at the courthouse, also on line, to petition for an order of custody... View More

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1 Answer | Asked in Family Law, Adoption and Child Custody for Oregon on
Q: I have proof my dad has verbally abused me. This has been happening for some time. I'm depressed. Can I be adopted??

I'm depressed here and my dad is a drunk who's very controlling and abusive, I can't live with my mom right now because of a misunderstanding concerning a legal issue with her boyfriend, can my best friends mom adopt me so I can be in a stable household my senior year??, she's... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Jul 30, 2018

In short, not at this time. It sounds like what needs to happen is for you to disclose this abuse to either a counselor or to Child Protective Services. Generally they will place you with the closest stable family member who is willing to provide care. However, be aware that your father will... View More

3 Answers | Asked in Child Custody and Family Law for Oregon on
Q: In oregon if there is no custody order or agreement in place can the father move out of state with child?

Without the mothers consent or permission?

M. Nicole Clooten
M. Nicole Clooten
answered on Jul 30, 2018

If there is nothing in place through the court, either parent can take the child and move to wherever they would like. If you file a petition for custody along with a temporary order of restraint, more commonly known as a status quo order, you can prevent either party from moving out of state with... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: Is it legal in Oregon to force one father to pay for his and another fathers child?

I currently am going thru custody an essentially did not like the outcome the court gave me. But essentially what I'm getting at is that im wondering if it's legal for a father in oregon to sign his parental rights away, so that way he does not have to pay child support. But I myself did... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 16, 2018

You cannot sign away your responsibility to pay child support unless the child is adopted by another person. Your monthly support obligation is based upon your and mother's incomes, and should take into account that mother has two "non-joint" children. This factor could actually... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: if a man is charged w/domestic violence....strangulation..felony...files for custody of the child,parental grandmother

also files the same motion...makes unfounded accusations against mother....the court temp.awards custody to p-grandmother....until a hearing is sched.2-3wks out.NO evidence to support allegations, the father has a no contact order in place !!!

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 13, 2018

So what's your question?

Generally, if a grandparent or other person can show that they have established emotional ties with the child that create a parent-like relationship, that person can seek custody of the child.

The no contact order against Father will remain in place...
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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Recieved a "Notice of registration of child custody determination" what does this mean?
Jessica Larsen
Jessica Larsen
answered on Jun 29, 2018

Without seeing the paperwork you were sent, it sounds like the other parent of your child registered a past order or judgment determining custody with another state. This can be done for several reasons, including current or future enforcement of the child support determination. I am available if... View More

1 Answer | Asked in Child Custody and Divorce for Oregon on
Q: My son is now 18 is he still bound to the custody terms set forth in divorce decree when he was a minor by oregon law
Joanne Reisman
Joanne Reisman
answered on Jun 26, 2018

Nope. He is legally an adult and he go live where ever he wants and visit whoever he wants. However he would still be entitled to cause child support to be paid if the divorce decree specifies that there is child support until he is 21 years old and continues to be a full time student. The child... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Vacation pulled by ex-spouse

My ex-husband agreed to vacation time that would result in him not seeing his kids on his weekend. I have his agreement in writing. Now two days before the vacation he is now refusing me to take them. If I take my children on vacation after his refusal will I be in contempt of our court ordered... View More

Jessica Larsen
Jessica Larsen
answered on Jun 26, 2018

If you have a parenting plan in place, and he agreed in writing to allow you to deviate from the agreement and take your children on vacation, you should not be held in contempt of your court ordered agreement. It is possible he will file contempt charges, but your defense is the writing that he... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I am the legal custodial parent of my daughter, however I gave temporary guardianship of my daughter to her mother.

However her mother has taken off with her I have no idea where and she will not answer my phone calls or text messages nor will she let me see my daughter or talk to her is that legal to do

Joanne Reisman
Joanne Reisman
answered on Apr 16, 2018

If this is a minor child, we would discuss who has custody. Guardianship is generally reserved for control over an adult or over someone that is not a biological child. Your use of guardianship interchangeably creates confusion as to whether your daughter is a minor or an adult.

Assuming...
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1 Answer | Asked in Child Custody for Oregon on
Q: My sons grandparents were granted custody of him because I was absent from the hearing. How do I get custody back

My son was living with me when his grandparents filed for custody and won because I missed the hearing. They will let me see him sometimes then stop allowing me to see him for long periods of time for no good reason. My son was never abused or neglected while living with me he was happy and well... View More

Joanne Reisman
Joanne Reisman
answered on Apr 13, 2018

I can't imagine why you would miss a hearing about such an important issue as the custody of your son? There is really no excuse unless you were hospitalized and too sick or injured to attend. Your absence shouts loudly to the court that parenting your son is not a priority for you. So I... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: My parenting agreement says I am to have my daughter 27% of the time, where as I’ve had her for 70%. Can I change it?

Almost 2 years ago when I got divorced from my ex a parenting agreement was made so we have joint custody of my 3 year old daughter. The parenting agreement states that I am to have her up to 27% of the time. I pay child support and have had my daughter consistently for over 70% of the time... View More

Joanne Reisman
Joanne Reisman
answered on Apr 8, 2018

Assuming this is an Oregon case, Oregon courts will not order joint custody. To get something like the 70% you have had you would have to file to get custody and given that you have parented more than 50% of the time you might actually have a shot at getting custody.

The Oregon Court may...
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1 Answer | Asked in Child Custody for Oregon on
Q: My Grandpa and I (Aunt) have temp custody of my niece. My niece went to visit my mother. Now she won't give her back.

My Grandpa was recovering from surgery. I would have looked after my niece but I went to jail. My Mother agreed to care for my niece while my Grandpa healed. I am out of jail now. We informed my Mother that we wanted to pick my niece up and bring her back home here in Portland Oregon. My Mother... View More

Joanne Reisman
Joanne Reisman
answered on Apr 8, 2018

There is no way to sort this out through an informal chat on the internet. If a court ordered that someone has custody of the girl previously, then that court is the only court that can change custody. When you say that you and the grandfather have temporary custody there is no way to know if... View More

1 Answer | Asked in Child Custody and Domestic Violence for Oregon on
Q: My daughters dad has domestic absue against me. He is now stating if I die he is awarded sole custody.

I had a restraining order against him for a year. Did not renew as we needed to communicate. He also has an attempt of animal abuse charge, because he killed my dog. I have a major surgery scheduled in a few weeks, I wrote my will to state she is better fit to be with my brother and sister in law.... View More

Joanne Reisman
Joanne Reisman
answered on Apr 5, 2018

General speaking the biological parent has a superior right to parent their children over other people, however the court can remove the child from the biological parent's custody if it is necessary to protect the child. Unfortunately, no one here on an internet website can give you the type... View More

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