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answered on Jan 31, 2019
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... View More 
I have custody. Twice now my daughter has returned from her mother’s with head lice. I have told her what she needs to do take care of it and obviously hasn’t. What can I do to make her comply ? Also I told her my daughter will not go back until it’s taken care of , is that ok? She has my... View More
answered on Jan 31, 2019
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... View More
My daughter was taken illegally before reasonable efforts were made and no imminent danger was present all before obtaining court order.
Have never signed a safety plan..also they never have been in my home. Have tried firing court appointed attorney the past 3 hearings since he refuses to... View More
Both my boys have autism, and my youngest is mostly non verbal. Something happened over at his Dad's that caused my son to have PTSD. If I say "Dad" in ANY context (in any convo to others) he turns white and panicks. Sadly he can't tell me why. I was granted sole custody of them... View More
answered on Jan 7, 2019
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... View More
answered on Jan 3, 2019
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... View More
I’m 16, and 30wks pregnant. I Smoked until about 28wks.
answered on Jan 2, 2019
No, they won't take the baby away. You will also very likely test clean by the time you give birth.
Child is not with mother but grandmother and they refuse to let Dustin see her even though mother lived with fathers mother for over 3 years. The mother,
Stephanie lives with neighbor behind where Dustin lives and child, Aubrey is out in Scio with her mom. They refuse to let Aubrey see her... View More
answered on Jan 2, 2019
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.
Say a judge in a divorce case states you must sell a property and pay half to your spouse. Instead the husband takes it out of the trust, sells the property and buys another home in another state and hides it under another trust. I have judgements for all this money he owes but dont know how to... View More
answered on Jan 2, 2019
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... View More
He signed an agreement to pay it in March of 2018. When every I say anything he just says he doesn't have it. He got everything in the divorce. We were married 37years
answered on Dec 31, 2018
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... View More
My grandfather was married to a women for a few years. He told us she was stealing from him and using his retirement money. He divorced her in 2006 but as executor I see she is a beneficiary on an annuity. I am ready to inform her, however, I feel that the reason of the divorce and state of their... View More
answered on Dec 17, 2018
Depending on the express terms of your grandfather's General Judgment of Dissolution of Marriage, the beneficiary designation may be revoked and the former spouse's ability to access the annuity may be restricted. Also, it is possible that he notified the annuity company of a change of... View More
My child’s mothers boyfriend is abusive and has been arrested for strangling her before. I don’t want my daughter growing up around him, but I don’t have any court custody agreement what so ever. Just verbal agreements. What can I do?
answered on Dec 17, 2018
If no one has previously filed for custody, you may file a petition for custody with appropriate parenting time awarded to the other party. You can find pre-printed forms at the courthouse in your county. However, you should keep in mind that the court generally awards custody to the parent that... View More
My child is with me one day less than paid party every week. The other party being paid never sends any provisions a long(spare clothes, shoes, etc) most of the time i never get through on phone to talk to my child - no call backs or phones full of messages. My understanding is the party being paid... View More
answered on Dec 17, 2018
You present a few issues here. The first and most relevant answer I can offer is that you get nothing for paying child support. The purpose of paying child support is to support your child on the days they are not with you. The paid parent may use the money as they see fit and do not have to offer... View More
My ex has manipulated the system with lies. I lost guardianship of my niece and I need a hearing to show evidence off all the lies and violations so I can see my daughter again. How do I get a hearing. I live in Washington and I need a hearing in Jackson County Oregon Family court.
answered on Dec 17, 2018
I would need more information to fully answer your question, but assuming your ex obtained a signed order on a Motion to Show Cause, you have 30 days to respond or request a hearing. I would recommend consulting an attorney who practices in Jackson County to discuss your options more fully.
I filed for custody, parenting time and child support but have not received a response from the other party and nothing has been signed by a judge. Can I move 90 miles in same state for a new job opportunity and to be closer to my support system?
answered on Dec 6, 2018
Indeed you may. However, the other party may move at any time for an order to restore the "status quo", which is the parenting time arrangement of the parties in the 90 days leading up to filing. You could find yourself with an order to return right back from whence you came, which could... View More
answered on Dec 6, 2018
You absolutely should list every debt. The reason is that the court will consider these debts when dividing assets. Even debts only in your name may be "joint" debts when considered in the broader context of your marriage. Full disclosure is best. Also, you really should not be doing it... View More
and pay for half co-pays, and split visitation 50/50 do you have to give any additional money to the parent receiving support?
answered on Dec 4, 2018
It really depends on whether there is a judgment. If there is a judgment, and that is all the judgment requires you to pay, then no.
Father took away visitation without good cause. I am currently not in the best stable jousing situation. But i want to see my son
answered on Nov 28, 2018
It depends largely on the situation. If you currently have a parenting plan and have established visitation, you can file a motion to enforce the judgment. This would allow the court to order the father to abide by the judgment and grant you your parenting time. If there is no judgment in place,... View More
My 8 yr old daughter's father was in prison for 6 years for assault with a deadly weapon & strangulation of his pregnant (now ex) wife. He had not been in contact with my child for almost 7 years. He got out this year & came to Oregon to see her for a week. He convinced me & our... View More
answered on Nov 28, 2018
You can be held in contempt if you fail to abide by the parenting time established in your judgment. I think your best course of action if you believe your child is in danger is to file an immediate danger motion which could temporarily suspend parenting time until you are able to serve the other... View More
My wife of 21 years started showing many antisocial symptoms after we had troubles ( only time in 21 years we have had a single argument or issue) she has revealed a huge amount of mental issues and began becoming aggressive and gaslighting type actions . She was able to obtain an order against me... View More
answered on Nov 27, 2018
I understand the temptation but you need to understand that if she complains or anyone calls the violation to the court's attention, you will be jailed, with the main question being not if but for how long, and that being up to the Judge. It can also be expensive regardless of how it all... View More
answered on Nov 26, 2018
What you will need to do is ask for the latest statement through the discovery process. He is supposed to provide you with that within thirty days of service of the petition for dissolution. Also, if it is a PERS Tier 1 or Tier 2 account, the face amount is usually much lower that the actuarial... View More
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