Oregon Family Law Questions & Answers

Q: My aunt passed away and I need to obtain guardianship of my cousin who is 13. No will. No biological father.

2 Answers | Asked in Family Law and Child Custody for Oregon on
Answered on Apr 15, 2019
Joanne Reisman's answer
You don't need to be appointed Guardian to contact social security and be appointed as the designated payee for the minor's social security benefits. SS will just require you to file a report once a year as to how you used the funds. You mention that the minor also receives state benefits so I am not sure what type of benefits you are talking about. Federal SS, SSD, and SSI payments are administered through the State of Oregon for Oregon residents.

It sounds like all the surviving...

Q: Can I move out without my mother’s consent at 17?

1 Answer | Asked in Family Law for Oregon on
Answered on Apr 13, 2019
Joanne Reisman's answer
Technically you are a minor with no legal rights until you turn 18. If your uncle facilitates your moving without the consent of your custodial parent he can be charged with the crime of custodial interference. If you leave on your own accords, and stay out of trouble, it is unlikely that the police will drag you home. But as stated before, neither your Uncle nor any other adult can legally help you.

Frankly if you are just now graduating from high school you need to focus on getting...

Q: I recently ranaway, but my family took my dog and went to txs. I thought they were gonna keep him, but they gave him awa

1 Answer | Asked in Animal / Dog Law, Family Law and Juvenile Law for Oregon on
Answered on Apr 7, 2019
Joanne Reisman's answer
There isn't an easy answer that someone can give you on the internet after just reading a short statement. On the one hand, if you have proof of ownership you might still have rights. On the other hand if you abandoned your dog that might amount to animal neglect and your family or your CPS worker giving your dog to someone who could care for the dog was actually doing you a big favor. You also have to think of the dog. The dog has the right to have a stable home with consistent care and...

Q: what kind of lawyer will i need to represent my interest concerning my mothers last will

1 Answer | Asked in Family Law and Antitrust for Oregon on
Answered on Mar 13, 2019
Vincent J. Bernabei's answer
If your interest in your mother's will is contested, you will need a lawyer who has experience in probate and estate litigation.

Q: I have a question about will distribution.

1 Answer | Asked in Estate Planning and Family Law for Oregon on
Answered on Mar 1, 2019
Greg Freeze's answer
Let's say that you have two siblings, for a total of three of you. Let's say the estate is worth $90,000 after all creditors have been paid. Without the loan, you would have each received $30,000.

But, let's say that you owed $6,000 to your father. You've said the will is clear about you paying back the loan. One way of looking at it is that the estate is worth $96,000. You each get $32,000, but part of that is funny money. But, you will need to pay your siblings for the note, out...

Q: can spouse gift jointly owned property that is still in both owners names on deed? the deceased died intestate w/child

1 Answer | Asked in Family Law and Probate for Oregon on
Answered on Mar 1, 2019
Greg Freeze's answer
Your question could use a little more clarity, but I will try to fill in the gaps.

If estranged father jointly owned the house with mother (with a right-of-survivorship) then the house can be the father's upon filing a certificate of death in the county where the property resides. That basically means the house is entirely the fathers.

If mother had no will, there could be a probate for the intestate estate. The probate assets would not include the house because it is a...

Q: I have court-ordered parenting plan I have my daughter every other week Thursday to Friday

1 Answer | Asked in Family Law for Oregon on
Answered on Mar 1, 2019
Greg Freeze's answer
Before your daughter starts school, you can seek to modify the parenting plan based on a material change in circumstances. It is possible that you can switch to every other weekend. This particular arrangement (every other weekend) is quite common. It's also common to have the parenting plan address the holiday and vacation schedule.

Disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an...

Q: I have 50/50 custody of my children. Can I vaccinate my child without my ex's permission, consent or knowledge?

2 Answers | Asked in Family Law and Child Custody for Oregon on
Answered on Feb 28, 2019
Jessica Larsen's answer
If you have joint legal custody of your children, legally you cannot make that decision without agreement from your ex. If you have sole legal custody of your children with 50/50 parenting time, you can make any major medical decisions without your ex. If your ex has sole legal custody and you share 50/50 parenting time, you do not have a say in the decision at all. You should review your judgment for that language and seek assistance from an attorney if you have questions.

Q: If a judge in oregon is presented a restraining order thats from washington Do they have the option to uphold it or not

1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Civil Rights for Oregon on
Answered on Feb 21, 2019
M. Nicole Clooten's answer
There is a lot of information that is needed to provide a full answer. In general, Oregon restraining orders are only good if there has been abuse of one party by the other. The children are obviously involved, but a restraining order likely wouldn't be upheld if it is based on abuse of the children alone. That would be something that would be addressed in an immediate danger filing. I am not sure where this other order is from, so I cannot comment on the requirements for that jurisdiction....

Q: why would the opposing party not have to have accounting before the estate is out of trial?

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Oregon on
Answered on Feb 6, 2019
Vincent J. Bernabei's answer
This is a common and unfortunate scenario when there is no comprehensive estate plan in place. If your mother and father owned their assets jointly while they were both alive, the surviving spouse will own everything when the first spouse dies. There is no estate and no probate for the first spouse to die if all assets were owned jointly. If and when the surviving spouse remarries, the "new" spouse of the surviving spouse is entitled to at least 1/2 of the entire estate of the surviving...

Q: If I accept child support does it entitle the father to more visitation rights?

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Answered on Feb 1, 2019
M. Nicole Clooten's answer
The short answer is no. He would have to file with the circuit court to obtain court-ordered visitation.

Q: I'm 21 yrs old. How I can get the child support my father was court ordered to pay, but he did not?

1 Answer | Asked in Family Law and Child Support for Oregon on
Answered on Jan 31, 2019
Jessica Larsen's answer
You would want to follow up with the Oregon Department of Justice, Child Support Division. They handle most child support cases and can collect from the father. If that does not work, or the father is not ordered to pay through the Department of Justice, you would likely need to file a motion to enforce the judgment.

Q: How can I make my daughter laugh mother comply?

1 Answer | Asked in Family Law and Child Custody for Oregon on
Answered on Jan 31, 2019
Jessica Larsen's answer
Your hands seem to be tied in this situation. You cannot force your daughter's mother to do anything, unless it is stated in the judgment/parenting plan. If your judgment states that the mother must keep a sanitary home, you could file a motion to enforce the judgment, but that is not standard language for a judgment. If your child was in danger, you could file a motion for immediate danger to suspend parenting time, but generally courts do not view head lice as a dangerous situation....

Q: If CPS illegally took my child can you sue at any time before or after trial?

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Civil Rights for Oregon on
Answered on Jan 22, 2019
M. Nicole Clooten's answer
What was the basis of the action at the shelter hearing?

Q: I have sole custody of my 2 sons with autism and want to move out of state without my ex knowing.

1 Answer | Asked in Family Law and Child Custody for Oregon on
Answered on Jan 7, 2019
Vincent J. Bernabei's answer
The answer depends on the terms of your judgment of dissolution of marriage. If it states you are required to give notice of your move, then you are required to give notice.

The decision whether to modify parenting time to permit the relocation of children hinges “solely on the best interests of the children.” The only question is whether the children are ‘better served’ by relocating.

The court must consider the following relevant factors:

(a) The emotional...

Q: If served a restraining order and what the petitioner said is not true. Along with pulling a 15 year old child into it

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Oregon on
Answered on Jan 3, 2019
Vincent J. Bernabei's answer
A court may issue a Family Abuse Restraining Order “upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition;” that "there is an imminent danger of further abuse to the petitioner;" and “that the respondent represents a credible threat to the physical safety of the petitioner or the petitioner’s child.” At hearing, petitioner must establish all three requirements or the restraining order must be...

Q: Will they take my baby away if she tests positive for THC when I give birth?

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Oregon on
Answered on Jan 2, 2019
Daniel DiCicco's answer
No, they won't take the baby away. You will also very likely test clean by the time you give birth.

Q: My son is trying to get visitation to see his 6 year old daughter. Paternity not established yet. Needs help.

1 Answer | Asked in Family Law for Oregon on
Answered on Jan 2, 2019
Daniel DiCicco's answer
You need to file what's called a "filiation" action (Paternity suit). The court will order a DNA test to prove paternity and you can get things going from there.

Q: Is it a criminal offense to not give money that was court ordered to your spouse?

1 Answer | Asked in Divorce and Family Law for Oregon on
Answered on Jan 2, 2019
Ben F Meek III's answer
I'm re-categorizing this as Divorce, as it relates to the divorce decree and the separation of property ordered therein.

An experienced divorce lawyer can help with asset tracking issues. The short answer to your question is that it is probably not a criminal matter but is an indirect contempt of court, which can be punishable by jail time under certain circumstances. That remedy is less helpful to you than getting the assets. You need an experienced lawyer that can help you track...

Q: my ex-husband signed and agreement to pay me 3500 dollars. He has done so. Is there anything I can do.

1 Answer | Asked in Family Law for Oregon on
Answered on Dec 31, 2018
Jessica Larsen's answer
Depending on the terms of the written agreement, you may be able to take him to small claims court to enforce the contract. If the contract was not a part of your judgment of divorce, it is not a family law matter and must be handled independently. If the contract was made a part of your divorce judgment, you would file a motion to enforce the judgment on the divorce case.

I would recommend seeking an attorney for additional information. Without seeing the contract, it is impossible to...

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.