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Oregon Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Do I have to give my daughters Father my weekend if she was sick on his the weekend before?

I have full legal and sole custody. He was given a strict parentIng time schedule due to mental illness. No overnights, and every other Sat. and Sun. 10am-6pm and I’m required to provide her all transportation. She’s been under distress the last few months being there with her Dads constant... View More

Joanne Reisman
Joanne Reisman
answered on Jan 9, 2018

If your parenting time agreement doesn't specify make up visits when your daughter is ill, then you are not under a court order to do so. However the court wants to see parents take extra measures to insure that the other parent isn't deprived of parenting time when there are unforeseen... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Collections for Oregon on
Q: I received a letter and I don't understand it. the end says " I herby authorize the parentage test money award indicated

above to be credited to be credited and satisfied in full. All sums due have been paid or otherwise satisfied in full and the judgement debtor does not owe any further sums to the state of oregon in connection with the money award for parentage cost". what does this mean

Joanne Reisman
Joanne Reisman
answered on Dec 31, 2017

Heck if I know. Please don't quote a single sentence out of a letter with no explanation of the full situation and expect some attorney to risk malpractice by giving an anonymous stranger legal advice on the internet. It getting good legal advice is important to you, you need to contact an... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: How do I proceed in getting parenting rights established?

My partner and I split early in the pregnancy (due in one month), things have got worse between us despite my efforts. I’ve contributed in every way I can short of handing her cash (I.e, split any bills for child care or doctors, set up my nursery, bought all big items for her nursery, bought her... View More

Joanne Reisman
Joanne Reisman
answered on Dec 28, 2017

You won't have any problem being involved in the child's life once the child is born and paternity is established. You do have to wait until the child is born however. If the mom will let your name be added to the birth certificate then your fatherhood will be legally establishes.... View More

1 Answer | Asked in Child Custody for Oregon on
Q: I live in oregon and my daughter's mom is trying to more her to Ohio. What can I do to stop that from happening?
Joanne Reisman
Joanne Reisman
answered on Dec 28, 2017

You don't say whether or not there is an existing custody/parenting time orders. Existing court orders and Judgments are supposed to contain the language provided in ORS 107.159, https://www.oregonlaws.org/ors/107.159. That provision requires the other parent to notify you and the court of... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: My children are in foster care and me and dad got into argument not physical but dhs says arguing is still domestic if

Dhs is wanting us to separate to give me my kids back now if we legally separate and father signs over full custody what will happen?

Joanne Reisman
Joanne Reisman
answered on Dec 27, 2017

DHS just wants to have some assurance that you and the father won't be living together and exposing the children to domestic violence. I would get an attorney and have the attorney assist you in clarifying what DHS wants. Filing documents to get a divorce and get awarded custody is not going... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I’m 17, I don’t like the house I live in with my mom and step dad. How do I make it possible for me to live with my gma

Even if my mom says I can’t

Joanne Reisman
Joanne Reisman
answered on Dec 26, 2017

That's pretty easy. Just wait a few months until you are 18 then you will be an adult and can decide where you want to live. But you will also have to figure out how to pay for your expenses.

2 Answers | Asked in Divorce, Child Custody and Child Support for Oregon on
Q: Is it legal for my sister in law to leave her 4 kids home alone? Ages 15,12,9&6. 15 has mental instability right now.

15 year old has already been placed on suicide once in the last few months and states he doesn't want to be responsible for his younger siblings. My brother and her are divorcing and the kids keep texting him she keeps leaving them alone while he's at work. Is this legal?

Joanne Reisman
Joanne Reisman
answered on Dec 23, 2017

The child support ordered, which is an inevitable part of getting divorced, can include money for professional child care to the extent that the children can't be left home with their older sibling. Your brother could end up paying A LOT OF MONEY for child care. So you really need to be... View More

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2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Oregon on
Q: My unmarried partner has threatened to kick me out, declare me an unfit parent and take our son away.

What can I do to protect myself and prove I am not unfit? I am on disability due to fibromyalgia and see a therapist for PTSD. My partner is bi-polar and has schizophrenia that he refuses to treat. Our son is autistic and requires a lot of care and patience. I am his primary caregiver. How can I... View More

Joanne Reisman
Joanne Reisman
answered on Dec 23, 2017

It sounds like the problem is you choosing to stay with your abusive partner. Your partner has now power to take your son away. He can report whatever he wants to children's services. If you move out with your son and go to a stable living environment I can't imagine that... View More

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1 Answer | Asked in Child Custody for Oregon on
Q: My ex continues to disregard the parenting plan order from the courts and tells me I do not have a choice. What can i do

We have joint custody and a parenting time order from the courts, but my ex has now taken the kids three weekends in a row, even though, the oder says we switch weekends. He also says he is taking them on Christmas, when the order says Christmas is my holiday. The kids are to the point that they do... View More

Joanne Reisman
Joanne Reisman
answered on Dec 22, 2017

You can file a Petition with the court to enforce parenting time. Unfortunately the courts are not going to be open on the weekend or the holiday so for the next few days and Christmas you may just need to stand up to him and say "NO" we are following the parenting time plan. It... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: The mother of my child took him to Mexico what can I do?

I filed paternity papers as soon as I found out my son was born. I recently found out that his mother took the child to Mexico is there anything I can do.

Joanne Reisman
Joanne Reisman
answered on Dec 19, 2017

You need to talk to an attorney. If you filed an action in the court already and served the papers on the mother before she left the court in Oregon may have jurisdiction to decide your rights as the father. Filing with child support enforcement to establish child support is not the same as... View More

1 Answer | Asked in Child Custody for Oregon on
Q: My cousins got taken by child protective services im an 18 year old mom is there anyway i can win custody over them

My cousins are 8 and 4 what requirements what I have to meet to win custody

Joanne Reisman
Joanne Reisman
answered on Dec 19, 2017

That's a tough question. If their parents had placed them in your care before child protective services got involved they maybe wouldn't have been removed from the mother's or father's care. Since you are a relative of the parents that weren't caring for the children,... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: I signed my daughters birth certificate & pay child support, what right do I have in Oregon. She is being kept from me

The mother of my daughter will not let me see my daughter I saw her last when she was 1, and she is now 10. She tells our daughter her husband is her father, and she will not tell her about me or let me see her. I still pay child support every month. I believe I should be able to see my daughter.... View More

Joanne Reisman
Joanne Reisman
answered on Dec 10, 2017

Unfortunately the legal process to establish parenting time is often separate from the process that establishes child support. That is because the State has a federal mandate to pursue and collect child support any time someone requests any type of state assistance or even if the just ask the... View More

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3 Answers | Asked in Family Law and Child Custody for Oregon on
Q: Is it legal to move a child across the country without the other parents consent if there's no custody order in place?

My ex and I have been in a custody battle for a little bit now. We both have been fully involved in our child's life. We broke up and she decided to move back home, which is across the country. She claims she has no support system here and is refusing to move back, even though our child is a... View More

Stephanie E. Emanuel
Stephanie E. Emanuel
answered on Dec 1, 2017

I don't blame you for keeping the costs down. But you have to understand that we can only provide you general guidance and answer free simple questions on here. Everyone needs to make money, and custody cases are expensive and require the right experience and expertise. You have already... View More

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1 Answer | Asked in Child Custody and Domestic Violence for Oregon on
Q: The state took my kids out of my custody for child neglect. I have court tomorrow what are my rights and what happens?
Joanne Reisman
Joanne Reisman
answered on Nov 30, 2017

You have the right to a court appointed Attorney when you are involved in a juvenile court matter. So either request a court appointed attorney or be prepared to pay privately for one and have them there with you tomorrow. Most people get court appointed attorneys because the cost of private... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oregon on
Q: Is it possible for my soon to be ex husband ask for child support and parenting plan for a child that is not legallyhis

My son want to live with my ex husband because of his little sister.

Joanne Reisman
Joanne Reisman
answered on Nov 28, 2017

If someone meets the requirements of a psychological parent, https://www.oregonlaws.org/ors/109.119, they could petition the court to be awarded custody or parenting time, but they are rarely awarded custody. Preference is given to placing children with their biological parents. Anytime that a... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: In Oregon if I have physical custody of My nephew and I file guardianship papers who does he stay with until court?

Nephew is 11yrs old his father is very unstable and lives in a van and in and out of his car and hotel rooms for the last few years.. now my nephew is living with a friend of his fathers and has been for a few months meanwhile his dad is still living in his car. My nephew talks about his dad and... View More

Nathan Held
Nathan Held
answered on Nov 25, 2017

You seem to have a few questions. First, what are your rights as your nephew's aunt? You don't have any rights relating to your nephew, with exceptions that are not relevant here. Second, where will your nephew stay until the court date? Your nephew will stay where his parents allow him... View More

1 Answer | Asked in Child Custody for Oregon on
Q: I'm a single father & my child's mothers mom is filing for custody of my son. What happens if I can't afford an attorney

I've provided my son with everything th a grandmother has not even bought diapers once he's always been with either me or my mom, what can I do?

Joanne Reisman
Joanne Reisman
answered on Nov 19, 2017

It is very hard for a grandparent to get custody over a biological parent so the law is on your side, although the facts may or may not be. You really need to get a lawyer for this one. You won't solve this looking for free advice on websites. If you are low income you might want to try the... View More

1 Answer | Asked in Child Custody for Oregon on
Q: How long do I have to be in Oregon before I can file for custody? I left California you too abusive relationship .
Joanne Reisman
Joanne Reisman
answered on Nov 14, 2017

Custody need to be filed where the child is living. Your sentence doesn't confirm that you moved to Oregon with the child in question. But assuming that you did move to Oregon with the child, and assuming that there has never been a proceeding for custody before, the The Uniform Child... View More

1 Answer | Asked in Child Custody for Oregon on
Q: Can I enforce my stipulated general judgement of dissolution of marriage where joint custody has been modified?

Both parties agreed to joint physical and legal custody of children in a stipulated general judgement of dissolution. The custody agreement has been modified awarding sole legal custody to the petitioner despite my efforts to enforce the stipulated custody agreement. Can I use ORS statues to... View More

Michael Hajarizadeh
Michael Hajarizadeh
answered on Nov 13, 2017

Custody modifications in Oregon can occur when there is a substantial change in circumstances. The fact that one party believes joint custody will no longer work is enough to establish that. A court is unlikely to grant (or continue) joint custody if a one parent is unwilling to have joint... View More

1 Answer | Asked in Child Custody and Child Support for Oregon on
Q: I've lived with my mother since I was 15. She still pays child support to my father who fled country. What can we do?

Long story short I (the son) use to live with my father when I was a child and he received child support for me from my mother. When I was 15 he fled the country to Mexico and I moved with my mother after he did. I am now nearly 28 and my mother still gets child support taken out of her pay... View More

Joanne Reisman
Joanne Reisman
answered on Nov 7, 2017

Your mother is the person with legal standing to deal with this. She need to get an attorney to assist her and figure out if the payments are for money owed because she didn't pay the full amount of the child support when it was originally due and payable to your father for the time you lived... View More

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