Lawyers, Answer Questions  & Get Points Log In
Oregon Family Law Questions & Answers
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 on... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: Need to file a motion to modify parenting time (specifically to overnights) and lower child support in Washington Co OR

There is a Judgment entered that I never agreed to or signed granting only visitation 3 days per week for 1.5 hours each time. My visitations were suppose to progress to more parenting time gradually; however, bio mom makes excuses as to why I can’t visit at certain times. My work schedule varies... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 20, 2020

It sounds like you are still following the parenting plan for a new born. At one year of age you should be able to take your child for overnight visits. You will need to pin down a consistent day on which you get your overnight visit however as it is just too hard for the other parent to... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: I’m attempting to get more parenting time (overnights specifically) and lower my exorbitant child support in Oregon.

My visitations were suppose to progress to more parenting time gradually; however, bio mom makes excuses as to why I can’t visit at certain times. My work schedule varies each week and I attempt to give 24 hr notice of my desire to visit, but often get denied by bio mom. How can I present this to... Read more »

M. Nicole Clooten
M. Nicole Clooten answered on Feb 20, 2020

The main question that I have is whether there is an existing parenting time order or judgment. If there is and it specifically allows this parenting time, mother's refusal is a violation of that order or judgment. If there is not, you would need to file a petition to establish custody and... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: Im 16 and i want to move out with my girlfriend because me and my mom are not in good terms, what should I do?

Me and my mom haven’t been in good terms and I have a child already and I just want to move out of the house to live with my girlfriend but I don’t know if it is legal

Joanne Reisman
Joanne Reisman answered on Feb 10, 2020

You are a minor so you have no legal rights yet. You can't sign a contract or at least no contract you sign will be legally binding until you are 18. Your mother is legally responsible for you until you turn 18. So no, you don't have adult rights to decide where you want to live and to be... Read more »

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: My son's father has sole custody. He uses drugs everyday. How do I get the court to order a hair follicle test?

I can't afford an attorney, but can afford to pay for the hair follicle testing of drugs. I would also like to pay for my own hair follicle test to be used in court.

M. Nicole Clooten
M. Nicole Clooten answered on Feb 7, 2020

In order to file a motion for a hair follicle test, you would need to file for a modification of custody. You would file a separate motion for a hair follicle test, typically after the order to show cause is signed depending on the facts of your case. Keep in mind, the other party has to have an... Read more »

View More Answers

1 Answer | Asked in Family Law for Oregon on
Q: I need urgent advice on the laws in Oregon regarding child custody

Six months ago my divorce was finalized. I got sole legal custody of my 16 year old, who now lives with me full time. If the child suddenly changed their mind and wanted to live with the other parent, and moved all their stuff out of their home, and into the other parents home without permission,... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 7, 2020

You are in a tough situation. As between you and the other parent, the other parent has to defer to you being awarded legal custody. But be careful what you wish for because if the other parent refuses to allow your 17 year old daughter to move in then there is nothing stopping your 17 year old... Read more »

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: I am a low income mom looking for a divorce lawyer that will help me for free. Thank you
Joanne Reisman
Joanne Reisman answered on Feb 5, 2020

Unfortunately the availability of free or low income legal services in Oregon are scarce. You can call Legal Aid (LASO) but they only take a certain type of cases so they are very limited. https://oregonlawhelp.org//resource/oregon-legal-aid-offices

The Oregon State Bar offers Lawyer...
Read more »

1 Answer | Asked in Family Law for Oregon on
Q: I have sole custody, can her dad sign any consent forms?

I found out he opened a bank acct, and put my daughter on it (if your under 18 a parent has to be attached to the minors acct) without my knowledge, so he could transfer her money without me knowing. Seems great contributing more to the child right? But he bought her clothes, then I also gave her... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 2, 2020

In theory, Dad can do what he wants with his money including giving your joint daughter money, absent some court order that says otherwise. It sounds like the real problem is how this might be a bad parenting idea, ie giving money to a minor if the minor is not mature enough to handle the money,... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Is my motion granted?

Hood river Oregon. I filed a motion for prejudgment temporary order in a custody case.

A few days ago the lady at the courthouse gave me a packet of papers to serve to my wife and on the front page is an order to show cause and on it it says the motion is granted with the Box check... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 2, 2020

I suspect the motion that was granted was your motion for an order to show cause. In other words, you made a motion to ask the court to set a hearing date and the motion was granted and a hearing date is not set. That's all you have accomplished so far. The hearing date is the opportunity for... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: I want to do a DNA test with my 2 kids biological fathers sister without him knowing how do I do this

Domestic violence

Joanne Reisman
Joanne Reisman answered on Jan 26, 2020

Why would you want to test the Aunt's DNA?

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: My father is trying to stop paying me child support. I can't attend the hearing. What do I do?

My father filed a motion to stop payment on Dec. 9th. Dec. child support was supposed to be in my mother's mailbox on Dec. 1st, which it wasn't (because he always sent it late). He also has not paid his half of my medical bills, nor shown proof of a life insurance policy with me and my siblings as... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 26, 2020

You had better take a look at that child support order in the Divorce Judgment. It should say that the support once you turn 18 only has to be paid if you qualify as a child attending school as defined by Oregon Law. This means you have to be a full time student with a C average. It doesn't mean... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: At age 17 could I legally move out without parental consent and without emancipation in Oregon ?

Currently enrolled in school and getting good grades and have a job

Joanne Reisman
Joanne Reisman answered on Jan 20, 2020

Why don't you just wait until you turn 18 and not worry about the legal aspects. If you live to be 100 years old, which is where our life expectancies are heading, that means 82 years on your own. What's your rush? In terms of the law you have no legal capacity to sign any legal documents until... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for Oregon on
Q: I have a house on my dads property over 20 yrs..he died and my sister is executor..she is hurrying to sale .i need help

Am I expected to just walk away from my house and 5 acres with barn and shop to split with my sister? She wont talk and just wants to hurry and sell the property so she and her husband can move to another state...I even offered to pay off the minor debts left from my dad..and when I chose to live... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 17, 2020

It is not possible to give individualized advice without reviewing all of your individual facts and circumstances. However if your dad died without a will it is entirely possible that the house Is supposed to be distributed to you and your sister in equal shares. Most likely your best option to... Read more »

3 Answers | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: What can I do as a pregnant teen, if the father of my child wants to sue me for full custody of our unborn child?

His reasoning is because he doesn’t want our child around their grandfather who has some sort of dementia or something like that at the moment because it could get hostile, but I do not think that he would be able to manage taking care of a child and a job and many other responsibilities that he... Read more »

M. Nicole Clooten
M. Nicole Clooten answered on Jan 17, 2020

The first question that I have is how old is your boyfriend? There could be some criminal liability on his part. Each parent has a claim to custody of the child, but the court gives a lot of weight to the primary caretaker of the child. Obviously there is no primary caretaker at this point, as... Read more »

View More Answers

1 Answer | Asked in Family Law and Probate for Oregon on
Q: I live in oregon and I have petitioned the courts for guardianship of a minor.but I need to get him home .

I need to get.him home as soon as possible. How so I do this??@

Joanne Reisman
Joanne Reisman answered on Jan 11, 2020

There is no way to understand what you are asking because there simply isn't enough detail. Frankly you can't get anything more then general suggestions on Justia. We can't give legal advice to people that haven't met with us as clients. All we can do is say what you could try and that is... Read more »

1 Answer | Asked in Family Law and Civil Rights for Oregon on
Q: Can I get arrested for going behind my moms back and hanging out with a guy my mom doesn’t like?

My mom banned me from hanging out with my best friend and she says if I do hang out with him, she’ll call the cops and have me arrested.

Joanne Reisman
Joanne Reisman answered on Jan 9, 2020

The police don't arrest people for associating with other people. It isn't a crime. However you can be taken into custody if there is some other reason, ie a law you are violating. Frankly, if your mom wants you to avoid someone assume she has a good reason for saying that and respect her... Read more »

1 Answer | Asked in Family Law and Elder Law for Oregon on
Q: Can the court demand I deliver belongings out of town to my 92yr old step father while I care for my 90yr old mom 24/7?

My step father attempted to kill my mother and was removed from the home by the police. He is now living out of town and his guardian has acquired a court order for me (step daughter) to deliver all of his belongings at my expense out of town . I’m currently my mothers only caregiver around the... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 7, 2020

Pretty much any time someone gets a court order without a chance for you to appear and contest the order before it is issued the court needs to allow a chance for you to object and ask for a hearing. However if you were given advance notice that someone was going to court to get such an order that... Read more »

2 Answers | Asked in Family Law and Elder Law for Oregon on
Q: Can a man who's had a major stroke close out joint accounts and give away assets when he is married?

After my step dads major stroke to the right side of his brain, he became aggressive. Especially towards my mom and I ... He even notified others of his intentions to stab her to death. He was removed from the home by the police and now living with a man he hasn't seen in over 55 years and whom he... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 7, 2020

You and your family are experiencing a very complicated elder law issue. I recommend you hire an experienced local elder law attorney to assist you. Your question cannot be answered online.

View More Answers

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Oregon on
Q: What are the laws regarding abuse of process and frivolous subpoenas?

Me and several people are being subpoenaed by the opposing party in regards to guardianship of a minor. Several of which have either passed away or haven't even associated with the involved parties enough to warrant a satisfactory reason for the subpoena. The opposing party requesting all the... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 7, 2020

If the subpoena is truly frivolous you can file a motion to quash the subpoena and explain to the court why you think this is frivolous. Just because subpoena's are being issued doesn't mean that they will be served. In Oregon the party serving the Subpoena has to tender a check for a fees to... Read more »

2 Answers | Asked in Family Law and Elder Law for Oregon on
Q: My sister is 1 of the trustees to our dads living trust which has 3 beneficiaries, myself, my brother &sister (trustee).

When I've asked her for an accounting of the trust she says "there's no money so there is no trust. Real property has been sold along with vehicals including recreation vehicals. Each beneficiary was to get 1/3 of his estate and upon his death was to distributed to us kids. He was married but had... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 6, 2020

It is possible that your father never transferred his assets into his Trust. If, for example, his property was jointly held with his wife then it is not controlled by his Trust. I recommend you hire a local probate attorney who can write a demand letter to the Trustee(s) to try to determine... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.