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Oregon Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oregon on
Q: Dtatus Quo Order not being follows by wife. Nothing I can do?!

She left 08-01-19 and took out son to her parents over 60 miles away. A week later I submitted the paperwork I needed to and included a motion for Status Quo. That was signed as an order 08-12-19. Her lawyer was given copy in court (had court for Ex Parte which was dismissed) and was told by the... Read more »

Joanne Reisman
Joanne Reisman answered on Sep 15, 2019

Your lawyer should set a date for a hearing to determine temporary custody and temporary parenting time. But it is likely that your wife will also ask for temporary child and spousal support. This isn't just about her moving to her parents house. It is about transitioning from married to... Read more »

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: The Division of Child Support say's I owe over $16.000 dollars in back child support. How can I find out if that is true

And how can I find proof of the payments to my ex. and how can i correct this and stop it from garnishing my wages if i believe it not to be true.

Joanne Reisman
Joanne Reisman answered on Sep 9, 2019

Retrace the payments you made then request a printout of the payments processed by the division of child support and compare the two. If you paid by check then go back to your bank and get bank records. If your payments were from wage withholding then go back to your employer and request your... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Oregon on
Q: Ex is currently leasing marital home from me. Can I force her to just sell the house?

Initialy had the home sold, she would not agree to sale. She wanted two years to rebuild her credit and buy me out. She signed a lease, she has been late on paying the mortgage the last two months. I would like to just sell the home and finally go our separate ways on this. Can I force her to... Read more »

Joanne Reisman
Joanne Reisman answered on Sep 9, 2019

The answer really depends on what your divorce judgment said with respect to the house. If you weren't married then maybe you need to resolve this with a dissolution of a domestic partnership proceeding.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Oregon on
Q: i saw the runaway laws when ur 17 the law cant do anything? In oregon
Joanne Reisman
Joanne Reisman answered on Sep 8, 2019

You are a minor under your parents custody and care until you are age 18. Running away isn't a crime but it is a situation that is a safety concern for the minor child so the authorities can intervene and take the juvenile into protective care. That said, sometimes older children end up living... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Family Law for Oregon on
Q: Can my ex-husband dictate who can and cannot administer ADHD meds to our son in my home?

I have my extremely mature and responsible 16 yr old niece watching my kids before school (she will graduate from high school with an associates degree at 18). She gives my son his Adderall which is a controlled substance (she has an exemplary record of administering ADHD meds for 2 years with... Read more »

Joanne Reisman
Joanne Reisman answered on Sep 8, 2019

Generally speaking the custodial parent makes the decisions about day to day care of the child and does not need the other parents consent. But I don't know what your custody/parenting time order says so that may or may not follow this general rule. You can always go to court and get a Judge to... Read more »

1 Answer | Asked in Domestic Violence, Family Law, Adoption and Child Custody for Oregon on
Q: I live with my dad and he is mentally abusive to me mostly. I babysit my 2 siblings from 8 to 10 hours a day. I’m 15

I get no compensation. I don’t want my dad to get into trouble and get my siblings taken away. I want to know what my options are to get out of my house. Could I move in with a different family member? Would I get in trouble legally for leaving?

Joanne Reisman
Joanne Reisman answered on Aug 19, 2019

You generally have only two options - let your mother know so she can Petition the court for a change of custody or report that you are being abused to children's services or a school counselor or your doctor. If you report abuse there will be an investigation and you and your siblings could be... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Oregon on
Q: My boyfriend is currently going through a divorce and custody battle here in the state of Oregon. Refer to more info

He is part of a shelter for domestic abuse. His caseworker there apparently told him that adultery can be used against him in court during his custody battle. Is this a legitimate thing? Because I myself have read that adultery cannot be used against him unless it directly affects a decision that... Read more »

Joanne Reisman
Joanne Reisman answered on Aug 6, 2019

Adultery has no place in modern law. Adults can have sex with other consenting Adults in private and it is not relevant unless it is somehow detracting from the children getting proper care. But the fact that adults have relationships with other Adults to whom they are not married, alone, is not... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Is it legal for a father who isnt on the birth Certificate to take the child to get a DNA test without the mom knowing

Is it legal for father who isnt on birth Certificate to get a DNA test with child without mothers consent or knowing and without a court order. Not upset paternity got established I was just curious as to how someone who isnt on a birth certificate can take a child to get tests done. Really just... Read more »

Joanne Reisman
Joanne Reisman answered on Jul 30, 2019

Not sure what your objection is really about. DNA can be tested from a hair sample or a saliva sample so it isn't really that big a deal. Are you upset because this man is the father but you want to suppress this fact so you can cut off his access to the child? Are you upset because this man... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Does the father of a child need to give up his rights to the mom to help keep the grandparents from getting custody

Mother is 21 and lives in California, parent's are threatening to get custody, dad is 20 lives in Oregon and was told by her aunt that he needed to sign over all his rights to keep her parent's from getting custody.

M. Nicole Clooten
M. Nicole Clooten answered on Jul 23, 2019

I would need a lot more factual background to answer this question. What contact have the parties had with the child? Where is the child currently? Who is the primary caretaker?

1 Answer | Asked in Divorce, Family Law and Child Custody for Oregon on
Q: Do I have to contact the other parent for a time to pick up his kid, if he does not call or text for his parenting time?

I’m amidst a divorce and last weekend (we have a ex parte temporary order of restraint-kids in my custody) he had our daughter for the weekend and our ten month old son he only kept for 1 1/2 hours of his 2. He was sleeping and my daughter answered the door for the 8 am, which was answered at... Read more »

M. Nicole Clooten
M. Nicole Clooten answered on Jul 23, 2019

This is a tricky situation. On one hand, you do not want to be the parent who is not facilitating a relationship between the child and the father, but if he really wanted his time, he would be more communicative. He needs to be the adult in the situation and make the effort in my opinion. I... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: I have a custody order in Oregon, I was awarded sole legal and sole physical custody. Other parent currently has

Supervised visits until she can get she completely out of her life. My question is on my custody papers am I allowed to move I remember I had check marked a box that said something along the lines of I don’t need to notify the courts or other party if moving more than 60 miles from other parent.... Read more »

M. Nicole Clooten
M. Nicole Clooten answered on Jul 23, 2019

If the judge did approve that you do not have to give statutory notice, then you do not. The custody order in Oregon is valid in any state. You may want to register it as a foreign judgment in the new state. You would need to contact an attorney in the new state about that paperwork, but it is... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: I need to know if my daughters father can take her without my permission? She is only three.

We were not married but he is on the birth certificate. She has lived with me and I have taken care of her since she was born. He moved out of my place when our daughter was one year old. He has done so many things that make me so scared and stressed out with him having her alone. I do not know his... Read more »

M. Nicole Clooten
M. Nicole Clooten answered on Jul 21, 2019

If there is no custody order in place then there is nothing to enforce and he could take her. I would suggest filing for custody immediately alone with a temporary order of restraint (status quo) in order to have a signed parenting time plan. Also, if he is driving drunk with her, there may be a... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: My son had his first child Valentine's day of 2019. The mother did not put him on the birth certificate (Oregon)

and he thinks he should wait to establish paternity ect until he is financially stable. I feel that it looks way worse not doing anything, the judge understands that money isn't everything! What do you think?

M. Nicole Clooten
M. Nicole Clooten answered on Jul 16, 2019

If your son wants to have any guaranteed relationship with the child then he should file immediately. The longer he waits and does not have parenting time, the more difficult the argument gets that he should have significant time with the child. Of course, this does open up the liability to pay... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: I have sole legal custody of my daughter, dad has parenting time. What can I do if he refuses to give her back to me?

Hello,

The father of my child has threatened to keep our daughter from me after his next visitation. He gets parenting time every other Fri 3PM-Sun 6PM. I am wondering if I am allowed to involve the police if he does not return her to me? I have a signed court order with our parenting time... Read more »

M. Nicole Clooten
M. Nicole Clooten answered on Jul 16, 2019

I would have to see the language in the judgment, but generally a parent is committing custodial interference if they do not abide by the parenting time plan, and the police should get involved, though sometimes you have to petition the court for a writ of assistance. I would advise hiring or at... Read more »

2 Answers | Asked in Family Law for Oregon on
Q: Is it legal for a 16 year old about to be 17 to date a just turned 23 year old as long as no sexual actions are commited

Is it legal for a 16 year old about to be 17 to date a just turned 23 year old as long as no sexual actions are commited?

Joanne Reisman
Joanne Reisman answered on Jul 16, 2019

There is no law that restricts the age of people who are dating. The law only restricts sexual relations between adults and minors. However the 16 or 17 year old would be subject to the house rules of their parents so they may not be allowed to date this person for other reasons. Frankly the 23... Read more »

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1 Answer | Asked in Family Law for Oregon on
Q: what form do I need to do a name change?
Joanne Reisman
Joanne Reisman answered on Jul 8, 2019

Here are the forms for use Statewide in Oregon. You will still need to check on the website of your local county court for any local rules that particular court may have for doing name changes. It never hurts to get an Attorney to help you, especially to make sure that your birth certificate in... Read more »

1 Answer | Asked in Child Support and Family Law for Oregon on
Q: Can I get retroactive child support from a father who refused to have anything to do with his kid?

I have a 3 year old son whose father wasn't determined until he was 1 years old. When the father learned of him he wanted nothing to do with us. My son is now 3 and half years old and his bio father has suddenly shown an interest in having a relationship with my son. Can I request back child... Read more »

Joanne Reisman
Joanne Reisman answered on Jul 6, 2019

Your child support will generally only go back to the date that the support proceeding is initiated but can continue until your child is age 21 if the child stays in school after turning 18, is a full time student, and earns at least a C average. It doesn't matter if the father wants to exercises... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: Is it worth the effort and cost to challenge an existing Parenting Plan without unbiased evidence but only hearsay?

Based on my child's comments I am certain that my child is exposed to the non-custodial parent family's excessive alcohol use, drug use, sexual encounters, and emotional and aggressive outbursts directed at family members. Frequently the non-custodial parent is NOT present during the allotted... Read more »

Joanne Reisman
Joanne Reisman answered on Jul 6, 2019

You are going to need to at least invest in a one on one consultation with a family law Attorney. Tell the Attorney everything you know and let the Attorney give you feedback on your case. You need to objectiveness of the Attorney as well as their understanding of the law and the rules of... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: I am about to turn 18 in a few weeks and i want to runaway because of a abusive manipulating guardian. Can I runaway?

Am I going to get introuble If she decides to call the cops?

Joanne Reisman
Joanne Reisman answered on Jul 5, 2019

Why in the world can't you just wait until you are 18 when you are legally an adult? If you are in fear for your safety call children's services or the police. But if you are just have relationship issues, deal with them for the next few weeks while you plan what you are going to do for the rest... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: My friends 13 year old daughter ran away from home in oregon n she went to arizona can she get in trouble for leaving
Joanne Reisman
Joanne Reisman answered on Jun 30, 2019

Her running away is not a criminal act, however if any adults are helping her they could be charged with a variety of crimes. Also I would be very concerned for her safety.

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