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Oregon Family Law Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 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.

1 Answer | Asked in Child Custody and Family Law for Oregon on

Q: My dad was awarded custody of my son at 3. At 6 he moved back w/ me & has been living w/ me for 2 years, do I have right

When I was 19 my dad was awarded custody of my.son when he was 3. I got my life together and when my son turned 6 he moved back in with me. He has lived with me for over 2 years now can my dad still take him away from me whenever he wants do I have rights

Joanne Reisman answered on Jun 18, 2019

It sounds like you are in a good position to Petition the court to return your son to your custody. This would prevent your father from asserting his right to custody which he technically still has since the only court order at present gives him custody. But I want to caution you to speak to an... Read more »

1 Answer | Asked in Family Law and Child Support for Oregon on

Q: Can my ex get back child support when there has never been a support order. I just heard from her after 10 years.

She left 10 years ago with my 2 kids (one child Im not sure about paternity). I had no idea where she was until yesterday, Now she says she wants support, and that Im going to owe her for the past ten years unless we come to some agreement. We were never married. She is married and living in... Read more »

Joanne Reisman answered on Jun 17, 2019

Generally speaking she would only be able to get child support from the date that you are served with papers to establish child support and going forward. That's what normally happens although there may be some exception that I am not aware of. Since this would likely be handled by the child... Read more »

1 Answer | Asked in Family Law and Child Support for Oregon on

Q: I had to pay child support. My child lived with me from age 16 to 18 and I never modified the order. Child is now 21.

I owe arrears child support and I want a credit for the 2 years I had the child. Can I go back and have it changed so my ex has to pay me child support for the 2 years I had my child and was still being charged child support?

Joanne Reisman answered on Jun 13, 2019

You can ask Support Enforcement to give you credit for child support you were paying or would have paid during the time your child lived with you. (You might need to hire an Attorney to help you.) You can't go backward and ask your ex to pay for support for that time period. The best you can do... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on

Q: Son does not want to go back to other parent

My son is refusing to go to the other parents. Other parent is custodial parent, as Oregon doesn't allow joint unless agreed upon.

Ask the other parent to do mediation with child, other parent refused. Ask for parent to come speak with child they the parent wont but is demanding their... Read more »

Joanne Reisman answered on Jun 12, 2019

If the other parent is the custodial parent you have a duty to return the child to them when your parenting time as stated in your parenting plan is done. You don't let the child decide, you put them in the car and drive them home. The other parent doesn't need to mediate with their own child,... Read more »

1 Answer | Asked in Family Law for Oregon on

Q: 12yr old son in OR doesn't want to come back home during my visitation. Dad not encouraging.

Can I take him to court even though he is not withholding our child, it's our child who does not want to return? What would be the route to take in court in Oregon?

Joanne Reisman answered on Jun 11, 2019

Seeing that a minor child participates in court ordered visitation is the responsibility of the parent not the child. Absolutely take the father back to court as it is obvious he is not disciplining your son in a way that insures that you get your visitation.

1 Answer | Asked in Family Law for Oregon on

Q: My ex husband keeps txt me that hes waiving his rights to our 2 daughters. Is there anything I can do?

I have sole custody of our 2 daughters 9 & 10 yrs old. My ex was only granted every other weekend. He picks them up for his scheduled visits but is always txt me that hes waiving his right to them. Can he do that? And if he doesnt file paperwork is there anything I can do.? Its not the 1st or 2nd... Read more »

Joanne Reisman answered on May 30, 2019

Your ex isn't legally required to exercise his parenting time with his daughters. So if that is the issue and his flakiness is interfering with your ability to plan I would go back to court and get a modification that makes your life easier. For example you can modify the parenting time plan so... Read more »

1 Answer | Asked in Divorce and Family Law for Oregon on

Q: I’m getting a divorce and I have to give my spouse the financials but he keeps giving them back. What do I do?

Joanne Reisman answered on May 27, 2019

I assume you are referring to the Oregon Statute that lists financial information both spouses in a divorce are required to share. ORS 107.089 https://www.oregonlaws.org/ors/107.089 Once you serve this form on your spouse he is required to give you the documents listed under this statute. You... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on

Q: Can I move with my kids while my ex is in jail?

I have sole legal and physical custody of my kids. Their dad just got 6 months in jail for intimate harrassment and DUI (his 3rd total, he got 2 five years ago). I want to move 5 hours away to be closer to my family where I have more support. Can I do this without his permission?

Joanne Reisman answered on May 18, 2019

Assuming there is already a court order or judgment giving you custody and laying out a parenting plan (visitation) you need to read that order or judgment and see if there is any language in that document that discusses whether you can move or not. Typically these Judgments will say you can't... Read more »

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