If this matter is in an Arizona court she is going to need an attorney licensed in Arizona because only a State licensed Attorney can appear in the court for that State. You need to look for an Attorney in Arizona. There may or may not be low income programs in Arizona. Usually a legal... View More

It sounds like your daughter is not in Oregon so the laws of the State where your daughter has been living will apply. So you will need to talk to a lawyer in that State. Most likely you won't have a problem. Biological parents have a constitutionally protected right to have custody of... View More

No one here on the internet can tell you what your chances of getting custody are based on your short paragraph describing the situation above. It the matter has never gone to court before then there will be a hearing and a judge will decide what is in the best interest of the children. Probably... View More

You need to talk with an Attorney about this in an office consultation. This is too complex to give general advice in response and really shouldn't be discussed on the internet. If the Judge's clerk is related to your ex then maybe you should ask for a new judge to hear the case.

There appears to be some confusion here. DHS which administers welfare, TANF and other benefits for low income people has nothing to do with setting or collecting child support. I don't have expertise in how they calculate income so I would suggest you go with your daughter to the field... View More

Get a blood test and find out if the child is yours first. It may not be. Please understand that this women may not actually know that you are the father. What happens is that when someone applies for welfare the State may force the to name a father as a condition of receiving government... View More

A court will not enter an order for custody or parenting time unless there is also a plan to provide child support. There are a few work arounds.

1. If you don't want child support and you are asking for custody you can say that you don't want the court to award child support.... View More

No, there is no automatic win BUT it will likely favor your position with the court. All in all, you need to review it with your custody attorney and if contacted again, immediately report it to the police. A second violation of the restraining order is likely to keep him in jail for awhile.... View More

You probably will need to go to talk to an attorney. It depends on whether children's services have already gotten involved or not. I also don't now what you mean by your brother can't parent. If your brother had legal custody and chidren's services are not yet involved, your... View More

The only requirement for service under Oregon Law is that a party of the litigation or their attorney can't personally deliver the papers but any other adult, such as her father, can certainly had off the papers. So assuming that this is a case filed in Oregon and that Oregon Law controls,... View More

You might need to convince a court that exposure to your mother is psychologically damaging to your daughter. It won't be easy and it won't be cheap. You would file a petition to amend the terms of your parenting plan with the mother and ask the court to amend the plan to limit the... View More

This is very strange because the email related to this post stated: "If my mom leaves in Honduras, and my brother and I live in the US with our custodial dad, and we are been domestic abuse. And our dad has our custody and goes to jail. Where does my brother and I go to?. Can someone else that... View More

Go and talk to another attorney about your situation. Show them your divorce papers and explain why you think that your attorney didn't do a good job of representing you and get a second opinion. It may be that your attorney did an excellent job but there wasn't really a way to make you... View More

First of all you are writing this as though you are not the mother or the father who have this arrangement. This has to be something that the two parents work out. Any parenting time plan is going to require some flexibility but it also requires firm boundaries as the parent in father's... View More

It sounds like the court that last issued a Judgment for custody is a California Court. If that is the case you will need to file something with that court asking for the court to set up parenting time or visitation. That should be easy unless their is some concern about your ability to have your... View More

You can get free assistance for establishing child support anywhere in Oregon. Just go to the District Attorneys office in the county you live in. For Custody parenting time you can find forms at your local courthouse or on line that you can use to file. It would of course be better to have the... View More

Please resubmit your question with more clarity about what is going on and what your question is. I just get respond to a question that doesn't make sense.

The court that issued a decision on custody and parenting time continues to be the only court with jurisdiction to hear any proceedings to modify or enforce the original court orders unless and until there is a formal motion to transfer the jurisdiction of the case to another court.. So the fact... View More

First of all you need to make sure that you do have legal custody as ordered by a court. Your summary above implies that you do but I am not 100% sure.

Second you need to set up an estate plan that plans for this contingency. As the biological parent the father may have better rights to... View More

A 50/50 split is usually joint custody. But if the court did state in the Judgment that your Ex has custody, then your ex decides what school your children should attend. If you have joint custody both parents decide. The children never get to decide. They can however voice a preference, but it... View More