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Oregon Family Law Questions & Answers
2 Answers | Asked in Animal / Dog Law, Domestic Violence and Family Law for Oregon on
Q: How do I revise a restraining order to gain custody of my dog who is registered in the county and chip in my name.

The individual has a current misdemeanor and pending indictment taking effect for felony strangulation, menace, assaultin 4th degree and harassment.

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 16, 2020

If the person who has your dog is the person who is restrained from contacting you, you will have to get in Touch with the prosecutor or your victim’s advocate To see if you can do a civil assist to get your dog back.

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1 Answer | Asked in Divorce, Family Law and Small Claims for Oregon on
Q: I was awarded spousal support in my divorce. My ex suddenly stopped paying it. With limited resources, what can I do?

I have tried to reach out to him but he will not respond to my calls/texts/emails but I do know he is working. I don't live in the area where he resides and where our divorce took place either, so that makes it difficult as well. What can I do to compel him to pay the support that he owes? He... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 19, 2020

This is really a matter best taken up with your divorce lawyer since they are the most familiar with all the details of your case. You likely have options such as asking the divorce court to find him in contempt of court (that usually gets results) for failing to pay per the court order; you can... Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for Oregon on
Q: I live in Brookings, Oregon. My brother his girlfriend and their child refuse to leave my home. How do I get them out?

Hello my name is Debra and I live in Brookings, Oregon and I have a huge problem with my brother, his girlfriend and their child living in my home.

Approximately 2 years ago my husband decided to leave me. He bought a van and left and he now lives in his van. I stayed at our home continuing... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 3, 2020

Much depends upon the exact facts and details. IF there is a landlord-tenant relationship between you, you may be able to terminate their tenancy and evict them in court. The fact that they agreed to do repairs in exchange for being allowed to live there may (again, depending upon the exact... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Hello, My name is Madison and I am 17 y/o. I need help with legal questions about leaving my home as a minor.

My parents and I dont get along and we get in fights all the time. it doesnt feel like my house is my home anymore and I hate coming home.The other night my parents and I were in a fight and my step dad hit me in my face. I told my coworker about it and she said that I was able to come stay with... Read more »

Gabriel A Watson
Gabriel A Watson answered on May 15, 2020

What you are referring to is called "emancipation." In Oregon, you must be 16-years-old to be emancipated but there are additional factors to consider. If your "home" is violent and being there places you at risk of physical violence and harm, emancipation is something to... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Oregon on
Q: My spouse was awarded house in decree but owes a buyout. He no longer wants the house nor to do the buyout.

Over two years ago I was divorced and my spouse was awarded the house. He also had to give me a buyout. As part of the divorce decree I would be able to stay in the house for four years and at the end of those four years he would have to buy me out. He has since moved out of the house and has told... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on May 12, 2020

Your understanding that you can't just change the property division in the divorce is correct. Instead of amending the decree, I recommend you enter into a new agreement to purchase the home from your former spouse, who is now the current owner of the home, in exchange for satisfying his... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: 17 and a half years later a woman is saying that I am the father of her child. Can I sue for lost parenting time?

The child is almost an adult. I have never seen him. If she thought I was the father why didnt she tell me years ago?

Joanne Reisman
Joanne Reisman answered on May 2, 2020

I don't know of anyway to sue for this. I have no idea why she didn't tell you. You should ask her that. It may not be true. Keep in mind that being a parent would have obligated you to pay child support. It still can. In Oregon child support is until the child is age 21 if they... Read more »

2 Answers | Asked in Child Support, Family Law and Tax Law for Oregon on
Q: Can my boyfriend get child support payments paid directly to him since he is 18?

So general information:

My boyfriend is 18, and I am 19. We are both still enrolled in highschool.

My boyfriend gets child support payments from is adoptive/legal father, not his biological father. The child support payments are I believe, $300? But basically my boyfriend's... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 29, 2020

Child support payments are for CHILD SUPPORT. That means they are paid to the person responsible for supporting the child, which is certainly not the child. In some cases the court allows the mother (or the father, sometimes) to continue receiving the child support for some period of time after... Read more »

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1 Answer | Asked in Tax Law, Family Law and Child Support for Oregon on
Q: My spouse claimed me and our two kids on taxes and stimulus payment then moved and kept all of our money. Is this legal?

He waited till he got all the money in his bank and moved in with his new girlfriend. Has not provided anything for me or house or children.

Joanne Reisman
Joanne Reisman answered on Apr 21, 2020

Not sure I understand everything that is going on and you will probably have to have a one on one with a lawyer at some point to sort this out. Courts are pretty much close right now so you won't get a hearing any time soon to order him to pay support but the child support offices are... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Can a noncustodial parent refuse to communicate with custodial parent or minor children unless through a third person?
Vincent J. Bernabei
Vincent J. Bernabei answered on Apr 16, 2020

If there is a written custody order or judgment signed by a judge, both parents are required to follow it. You should review your custody order or judgment to determine whether it requires direct communications. Generally, it is in the children's best interests for the parents to communicate... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Can a parent with sole custody determine who pu and returns children for weekend visitation if not noncustodial parent?

Noncustodial parent has girlfriend who has harassed and threatened custodial parent to where it is confrontational when she picks up 3 minor children for father. Text messages back it all up. Motion to prevent her from being present or alone in picking up children or from driving them to Seattle... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 15, 2020

No you can't unilaterally dictate terms of your parenting plan. You can change it by mutual agreement with the other parent. I am going to assume that this isn't likely.

If the parenting plan doesn't specify who picks up the children and you are having problems with...
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1 Answer | Asked in Divorce and Family Law for Oregon on
Q: I am currently going through a divorce, and have a restraining order filed on me since November for false accusations.

We also have two children that I have not seen since November. We agreed on a parenting plan in court, and than I found out dhs and liberty house were investigating, I was told if there was no fault, visitation would begin in January. DHS finally called me last month and said there was no fault,... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 6, 2020

You will need to contact an Attorney directly and ask for assistance. Justia only offers you the chance to ask questions and meet Attorneys who have profiles on Justia. Sadly the courts have very limited services and are not setting trials until the emergency pandemic orders have lifted. Most... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Oregon on
Q: My nephew is still married but doesn't live in the house anymore because his wife was beating him up. He did not call p

He has not charged her. Now she is keeping the kids from him. There is no custody order and he believes the kids are not in a safe place. If he gets visitation, does he have to return them?

Joanne Reisman
Joanne Reisman answered on Apr 5, 2020

An Attorney cannot practice law by proxy. This is your nephew's issue and he needs to be the one to contact an Attorney for advice. Often people in frustrating situations will tell friends and relatives a very biased version of the facts because they are seeking sympathy and validation, not... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: What can i do if non custodial parent won't return child at end of court agreed upon visitation time in oregon.

Police have gone with me but she refused to open door so they told me it is a civil matter.

Joanne Reisman
Joanne Reisman answered on Mar 27, 2020

This is typical of the police but sometimes they are much more helpful if you have a certified copy of the Judgment and parenting plan which leaves no doubt that you are entitled to have the child at that point. There can still be a problem if it isn't clear that you get the child at that... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: My child’s mother and I are unmarried. After paternity is established (DNA TEST), how is custody established?

She is still legally married but separated from her husband, we plan to get me recognized as the father through CHS DNA testing- But when and how do I obtain rights for visitation/custody? Is it automatically granted or do I have to pursue it in court? I live in Ashland, Oregon

Joanne Reisman
Joanne Reisman answered on Mar 21, 2020

Paternity when the mother is still married to another man can be tricky. I suggest you read this statute and talk to an Attorney. You don't have any rights to custody or parenting time until paternity is established.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Oregon on
Q: How can my daughter ask to use her toy hauler from husband if they have a no contact

My daughter filed divorce and restraining order her husband has possession of a camp trailer the purchased that shows her as the buyer on bill of sale she wants to use the trailer but she has no idea where he has stashed it how can she go about recovery of this she has it in divorce papers as an... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 10, 2020

Look, getting away from a domestic violence is far more important than a toy hauler. She should research the value, and ask the court to include the value in the division of assets. The court then tries to divide the property equally and can award money or physical property. The path of least... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: If an 18 year old has mental disabilities, can a parent keep full custody until they are 21?

My significant other is 18, and wants to leave her household. Her adopted mother is saying that she cannot leave until she is 21. My significant other is terrified that this is true. And therefore, is terrified to leave. Is this a possibility? Or are the fears unjustified?

Joanne Reisman
Joanne Reisman answered on Mar 10, 2020

At age 18 the disabled child is legally an adult. However anyone who feels that they are disabled to the point they need assistance can apply to the court to be appointed as their legal guardian. It is a scientific fact that the brain of any human doesn't reach full maturity until age 25.... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law, Family Law and Juvenile Law for Oregon on
Q: Would I be able to work as a"runaway" and are my parents able to prevent me from working in Oregon?

I live in Oregon and I'm seventeen. I graduated early a few months ago, I have a full time job and my birthday is in September. This is my first time living in Oregon with this parent because I moved in after I graduated and I was a resident at Job corps for a year before that. It's just... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 7, 2020

You are technically not able to commit to any legally binding agreements until you turn age 18 unless you get emancipated by a court proceeding. It probably isn't worth the time and money to file for an emancipation when you are only months away from turning 18. I suppose you could move out... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can I move out of the country to mexico with my 10 yr old daughter to assist my mother who is recovering from a stroke?

I live in Oregon and have a custody agreement with my 10yr olds Birth dad, the parenting plan grants me sole custody and has her spend time with her BD every other weekend Sat 10am-Sun 7pm, with all holidays, summer, and special days included in the plan to be shared. To give a quick back story... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 3, 2020

Impossible to answer without reading all the terms of the parenting plan. Most custody parenting plans includes a clause that requires notice to the other parent before moving 60 miles. Even if your plan doesn't have that requirement the father could still object. Ideally you talk to the... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: I live in Oregon 3 children 5,8,11 have an agreement to pay cs, ex is going on ssdi does that affect me pos. Or neg?

Just curious if this affects me such as I still have to pay or can get it modified to less? I am a low income pay earner at present

Joanne Reisman
Joanne Reisman answered on Feb 26, 2020

Once your ex qualifies for SSDI the children under age 18 will also be entitled to get social security checks I believe. So the child support needs to be recalculated using your ex's SSDI, your income, and somehow the SS payments to the children also need to be factored in. I would have to... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I'm turning 17 in the next couple of months and I am getting emotionally abused, I have a job, am I able to move out?

I have depression also and my parents just harp on me and I have gotten to the point that I cannot handle it anymore because I am starting to get bad grades, and I no longer can see friends because of it. It has been happening for 5 years now and I cannot handle it anymore

Joanne Reisman
Joanne Reisman answered on Feb 21, 2020

I think every 17 year old feels a mixture of hormones and depression that makes life challenging at that age. You are still legally a minor with no rights to contract so you can't rent an apartment among other things. Getting good or bad grades is something you can control so I would focus... Read more »

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