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Oregon Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: I just won custody of my daughter this morning. Can I have her live with my mother until I get our home next month?

I won’t be living there but will be with her everyday

M. Nicole Clooten
M. Nicole Clooten
answered on Nov 19, 2018

If you are the sole custodian, that means that you make the decision as to where the child lives. However, you want to be careful about the amount of time you are not with the child, because being away that long could reflect poorly in future proceedings if there are any. Additionally, if there... View More

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: I am a noncustodial parent. Can I take child out of county during my parenting time without permission if give notice?

court ordered parenting time says must give ADVANCE written notice and provide location information IF INTEND TO TAKE OUT OF LANE COUNTY OREGON DURING VISIT. Does not say permission by custodial parent required. Just must report location and contact info.

Joanne Reisman
Joanne Reisman
answered on Oct 31, 2018

You would need to have an attorney look at and interpret your entire parenting plan to give you a specific answer. But from the limited info you gave it sounds like giving notice and location info is all the required. Generally speaking you should always let the other parent know where you and... View More

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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: how do i get my daughter back, when courts and police wont help

my ex has taken my 10yrs without my permission. he is not listed on birth cert. no father is listed, i was married at the time. the police wont help they say its civil issue. courts wont help because he is not on birth cert. i have given him time with her in the past. just because i recognized him... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Oct 30, 2018

This is a tough problem that I have seen in the past. If he is not on the birth certificate or otherwise legally established as the father, he is likely committing kidnapping. The police should help. Ask to speak to a supervisor or the captain of the police department and explain what is... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: We have full custody now my step son's mom wants full custody how does it look for us?

She allowed him to accidentally ingest pot brownies and didn't take him to the hospital which is why she doesn't have joint custody anymore. As well as she lives 5 hours away. She doesn't pay child support and only calls two times a week for 5 minutes. Now she wants to file for full... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Oct 30, 2018

In order to change custody from one parent to the other, the moving party has to prove that there has been a substantial change in circumstances. From the facts you have given, that seems unlikely. I would need to know a bit more about the facts and background, but it generally sounds like she... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: How do I get an immediate danger order against me dismissed in the proper steps/forms

I'm involved in a custody case with my ex whom got an immediate danger order against me and I can not see my children. I was arrested for shop lifting without my children present and he filed while I was in custody and had me evicted because we had been room mates and I wouldn't move out... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Oct 30, 2018

You will need to file a request for hearing, which should be available online. The burden of proof for the moving party will be whether the child or children were in imminent danger of further abuse at the time of filing.

1 Answer | Asked in Family Law for Oregon on
Q: Can I request a new judge based on him forcing me to give my location at a restraining order contestment hearing?

Marion county has a "one family, one judge" However I fear this is hurting my family more than it's helping. My abuser uses the system to further his abuse and the judge entertains it. It has been very disheartening and terrifying to not be able to feel safe or feel that I can... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Oct 30, 2018

In general, you cannot get a new judge unless you file a contempt proceeding against the other party. You can ask the court to allow you to keep your location confidential under ORS 109.767 (5). I have found that a verbal request to keep the location secret at trial is most often granted. Based... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: violating parenting plan, fraudulently collecting child support

I have paid child support for two years and we had a court ordered parenting plan with joint custody. She has blocked all contact with me, last i knew she put my daughter with her grandparents and has my son (collecting child support for both), but refuses to contact me or let me see either child.... View More

Jessica Larsen
Jessica Larsen
answered on Oct 23, 2018

You want to file a Motion to Enforce the Parenting Plan. This will allow a judge to review your judgment and the evidence to determine if your ex violated the parenting plan. If the judge finds that she has, he can order her to resume contact and visitation. He can also require that the children... View More

1 Answer | Asked in Family Law for Oregon on
Q: I have guardianship of my granddaughter do we have to go to court over court ordered guardenship.
Joanne Reisman
Joanne Reisman
answered on Oct 9, 2018

It isn't clear how what your question is? Why do you say you have guardianship but then discuss going to court over a court ordered guardianship? You really need to post this question again and explain more specifically what is going on.

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can my ex's parenting time be revoked if he continues to forget to get our kid from school on time? This is 2x / 4 wks
Jessica Larsen
Jessica Larsen
answered on Oct 3, 2018

It depends. If a consequence for forgetting the child is imposed in your parenting plan, that is enforceable. However, if the parenting plan does not provide a consequence, you cannot deny your ex his parenting time without consequence to yourself. Your only options in this matter are to file a... View More

1 Answer | Asked in Family Law for Oregon on
Q: Can a judge grant an immidate danger order against the sole custody parent without any evidence. personal oopinion

I filled an objection hearing she didn't allow it.

M. Nicole Clooten
M. Nicole Clooten
answered on Oct 2, 2018

Testimony in itself is evidence, and because of the quick-set nature of immediate danger hearings, that is often the only evidence. Were you at the initial appearance, and if so, did you present testimony there? If so, the court does not have to set a hearing for objection. If not, the court is... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can biological father be granted full custody of our son if he hasnt been involved in his life since birth?

I was in process of relocating to a different state and my parents and I agreed for my son to stay in their care until i was situated and had things in order. Than I was blind sided and found out they had got ahold of biological father and paid for him to fill out a petition for full custody in... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Oct 2, 2018

It is very unlikely given the facts that he would have a shot at custody, unless you are an unfit parent, meaning you cannot be trusted to act in the best interests of your child. The court in family law cannot prevent you from moving, but if he filed a "Temporary Order of Restraint,"... View More

1 Answer | Asked in Family Law for Oregon on
Q: Can you be charged with Sex Abuse 1 if all you did was lick a minors foot?

My son is in jail awaiting sentencing for Sex Abuse 1 in Oregon. All he did was lick her foot. Can that be considered Sex Abuse?

Jessica Larsen
Jessica Larsen
answered on Oct 2, 2018

Under Oregon Revised Statute 163.427(1)(a), a person commits the crime of sexual abuse in the first degree when that person subjects another person to sexual contact and the victim is less than 14 years of age and the victim is subjected to forcible compulsion by the actor, or the victim is... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: I am divorced from my wife after succumbing to addiction for the first 5 years of my sons life. Now 2 years sober.

While I was out of state completely neglecting my responsibilities as a father she filed for divorce and sole custody. The order says I need 1 year of sobriety and to start paying child support. I have hair follicles for 2 years but I can’t afford the max amount I was charged with for child... View More

Jessica Larsen
Jessica Larsen
answered on Oct 2, 2018

You would need to file a Motion to Modify Child Support and Parenting Time. The court staff typically has self-serve packets that you can fill out and submit, or you can hire an attorney to start the process for you.

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Oregon on
Q: Is anything stopping me from going home?

I'm under investigation as a "sexual offender" which is bogus, I haven't been charged in almost three weeks, the voluntary 10-day non-contact agreement DHS had me sign expired a week ago, no restraining order, but my wife got "emergency custody" due to the... View More

Jessica Larsen
Jessica Larsen
answered on Oct 2, 2018

If you have criminal charges pending against you, you cannot have contact with the alleged victim due to an automatic no contact order that is imposed at the beginning of a criminal case. The house is still marital property, unless there was a legal separation or dissolution proceeding that... View More

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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Defending against restraining order and threat of demanding full custody

my 24-year-old son is being threatened by his ex (and mother of his two young children) to get a restraining order and file for sole custody of their children. She is basing it on a text he wrote -- after she said she didn't want to take the boys back for her "week" on because she... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Sep 14, 2018

This sounds like fairly weak grounds for a restraining order, but I have seen restraining orders granted for less. At this point, because the consequences of having a restraining order against you can be extreme, I would hire an attorney and file for custody. I would also have your son cease... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: What’s the process to file a foreign judgment in Oregon?

Do I just take my certified paperwork to the courthouse and file it? Is that all I need to do?

Joanne Reisman
Joanne Reisman
answered on Sep 10, 2018

There are specific statutes that govern the filing of a foreign judgment and these typically include a requirement that the other party be notified so they can object. Here are some of the statutes which apply: https://www.oregonlegislature.gov/bills_laws/ors/ors024.html There may be other... View More

1 Answer | Asked in Criminal Law, Family Law and Adoption for Oregon on
Q: My son was adopted by his paternal grand parents when he was 7. Now at almost 17 he wants to come live with me.

His grandma will never allow this so he wants to just leave and come to me in Massachusetts.. If he does will either of us be in legal trouble?

Joanne Reisman
Joanne Reisman
answered on Sep 9, 2018

Why risk being charged with custodial inference? When he turns 18 he can live anywhere he wants. Just tell him you have a room waiting for him when he turns 18 and he can stay as long as you both want.

1 Answer | Asked in Divorce, Family Law and Child Custody for Oregon on
Q: Who gets the child's social security card in a divorce with joint custody? Or a separation?

I assume the primary residence holder?

M. Nicole Clooten
M. Nicole Clooten
answered on Aug 31, 2018

There is really no rule as to who has the social security card of the child in a divorce when there is joint custody. Joint custody assumes that the parents are able to agree to a place in which the card will be kept. Probably what should happen is the parties agree to place the card in a safe... View More

1 Answer | Asked in Family Law for Oregon on
Q: Medical neglect Child has badly ingrown toenail known since june by mother and dr there. Not treated until with father.

Mother took child to dr previously but child freaked out so toenail not treated back in june or july after initial round of antibiotics. Mother never informed father prior to July parenting time. She then mentions child needing to see dr during August parenting time. Child prescribed antibiotics... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Aug 31, 2018

I am not sure that it would constitute neglect in the way that child protective services would define it. It is certainly concerning, and you should read the parenting time plan to see if there is a provision for providing and administering any medication prescribed by a doctor.

1 Answer | Asked in Family Law for Oregon on
Q: Married to a man who was not bio father of children. Bio dad wants to be on birth certificate. Easy way to do this?

I was not with "husband" anymore at time of 3 children's birth. We couldn't do paternal affidavit at time because I was married to someone else (according to clause on the affidavit). How can I get his name put on the birth certificates now?

M. Nicole Clooten
M. Nicole Clooten
answered on Aug 27, 2018

You can ask him to file a Voluntary Acknowledgment of Paternity with the Oregon Vital Records office, you can file a motion to establish paternity, or you can go through the Department of Child Support to try and establish child support.

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