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Oregon Family Law Questions & Answers
1 Answer | Asked in Family Law and Adoption for Oregon on
Q: If a child has no legal father, can the child be adopted by their mother's husband when she gets married?

There is no one on the birth certificate, no paternity test, and no custodial or support agreements. Mother has full custody and has for the entire 6 years of the child's life.

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

Adoption terminates a parent's legal rights to a child. If there is no legal father, there are no rights to terminate. However, it is best practice, if the father is known, to have him served with the petition. If he has had no interaction with the child for at least one year, the adoption... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: What are my options? What can I do?

I filed a motion to adjust parenting time due to how the school year played out last year with me doing most the work. I kept track of all the parenting time and situation. I had them approximately 70% of the time and was doing most of the dropping off and picking up from school despite her only... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Aug 23, 2018

Are you sure it was an immediate danger order that was granted? Those are usually reserved for danger of physical abuse. If you have filed for a modification, you should get a hearing at which you can present your evidence as to why you should get the parenting time plan that you are asking for.... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Oregon on
Q: Would withholding medical checkups to a minor be considered neglect? Also refusing to provide food and being controlling

My partner lives in an (from what I can understand) an emotionally abusive situation. His mother uses money to threaten him (take money out of his personal bank account or not buy essential items) and has become increasingly controlling over the past year. I was wondering if there were resources or... View More

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

In order to answer this question, I need some more information. Is your partner a minor or under guardianship? If he is a minor, this likely does not meet the threshold for neglect unless she has actually caused him harm from these threats. Also, there is a difference for what constitutes... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: My kid is 20months and her dad is a repeat felon(violent)and has been around for a year. How can this impact visitation?

The felonies are DUII, aggravated assault with a deadly weapon , felon in possession of a stolen firearm. The most recent one is 2 years. I am the main “caretaker” of our daughter. She currently lives with me.

Joanne Reisman
Joanne Reisman
answered on Aug 8, 2018

I am not sure I understand your question. The father's criminal history has no impact until you file in the court for parenting time (and custody if you still need to do that) and ask the court to set limits based on the father's behavior. When the issue is presented to the court as part... View More

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: if there is no court orders can my daughter be kept away from me by her dad and not allow me to see her? oregon
Joanne Reisman
Joanne Reisman
answered on Aug 7, 2018

At this point you need a court order to prevent this behavior. You will need a parenting plan. If you are married this is part of getting divorced. If you aren't married but paternity has been established you can use forms at the courthouse, also on line, to petition for an order of custody... View More

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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for Oregon on
Q: what are our options?

me and my wife were assaulted by our oldest duaghter who is 16. we have a total of 4 kids including her 2 of which have special needs who witnessed the incident and traumatized by it. we called 911 police came and refused to arrest our daughter even though there was clear marks on both my wife and... View More

Joanne Reisman
Joanne Reisman
answered on Aug 3, 2018

If your daughter is a minor in your custody you have the legal right to commit her for a psychiatric evaluation or to put her in some type of institution that works with problem children. You would have to figure out how to pay for these services. Your health insurance might cover the psychiatric... View More

1 Answer | Asked in Family Law and Divorce for Oregon on
Q: Can alimony and child support be amended once my wife's inheritance is realized? How would I go about this?

My wife hastily filed for divorce and is demanding child support and alimony based on her current income. Her father is quite ill and upon his passing stands to inherit quite a bit. Should I be concerned about this?

Joanne Reisman
Joanne Reisman
answered on Jul 31, 2018

Child support is a given. It will be based on what income you both have at the time of the divorce. If she gets a future inheritance that somehow increases her ability to earn money, such as investment income, or which reduces her presumed living expenses, you can always go back to court and ask... View More

1 Answer | Asked in Family Law for Oregon on
Q: My daughters bio father has been absent since June of 2009, she tried to contact him 3 years ago that lasted a few weeks

And was filled with empty promises, he stated to me in a message that once I told her the truth about everything he would see her (he just stopped seeing her but states it's my fault) He also hasn't paid child support during this time. My husband wants to adopt her ( has cared for her... View More

Joanne Reisman
Joanne Reisman
answered on Jul 31, 2018

First of all child support and failure to participate in a child's life are two different things. You should have been aggressively pursing the child support through the child support division. They don't charge anything to go after child support.

Second, you can hire an...
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1 Answer | Asked in Family Law, Adoption and Child Custody for Oregon on
Q: I have proof my dad has verbally abused me. This has been happening for some time. I'm depressed. Can I be adopted??

I'm depressed here and my dad is a drunk who's very controlling and abusive, I can't live with my mom right now because of a misunderstanding concerning a legal issue with her boyfriend, can my best friends mom adopt me so I can be in a stable household my senior year??, she's... View More

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

In short, not at this time. It sounds like what needs to happen is for you to disclose this abuse to either a counselor or to Child Protective Services. Generally they will place you with the closest stable family member who is willing to provide care. However, be aware that your father will... View More

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: In Oregon who has to move out of the home until the divorce is final? He said I had to leave but I would be homeless!

Nobody I call knows this answer I dont want to live in my car, I have no money he didn't want me to work,I moved 2 times for him and his job. Plus our mailing address is Oregon but the house physical address is Idaho how's that work?

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

In a dissolution of marriage, there is not a specific person that has to move from the home. What you would need to do is look into filing a temporary motion for exclusive use of the marital residence. If the dissolution was filed in Oregon, Oregon has jurisdiction of the property acquired during... View More

3 Answers | Asked in Child Custody and Family Law for Oregon on
Q: In oregon if there is no custody order or agreement in place can the father move out of state with child?

Without the mothers consent or permission?

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

If there is nothing in place through the court, either parent can take the child and move to wherever they would like. If you file a petition for custody along with a temporary order of restraint, more commonly known as a status quo order, you can prevent either party from moving out of state with... View More

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1 Answer | Asked in Family Law for Oregon on
Q: been only married a yr and 7 months. he makes 100,000 more then me what am i entitled to? increase of house? pension?

everytime i get a job he causes issues with me and i end up quitting because he wants me home with no socialization. so since together i have had many jobs and had to move my kids several times. house and all cars are in his name and when i moved in and married i gave all my stuff away due to him... View More

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

Oregon courts consider the accrual of any equity or value in assets during the marriage a "marital asset." This is subject to some caselaw that considers how much "commingling" occurred with each asset. The seminal case regarding the issue of commingling is Kunze V. Kunze. In... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: Is it legal in Oregon to force one father to pay for his and another fathers child?

I currently am going thru custody an essentially did not like the outcome the court gave me. But essentially what I'm getting at is that im wondering if it's legal for a father in oregon to sign his parental rights away, so that way he does not have to pay child support. But I myself did... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 16, 2018

You cannot sign away your responsibility to pay child support unless the child is adopted by another person. Your monthly support obligation is based upon your and mother's incomes, and should take into account that mother has two "non-joint" children. This factor could actually... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: if a man is charged w/domestic violence....strangulation..felony...files for custody of the child,parental grandmother

also files the same motion...makes unfounded accusations against mother....the court temp.awards custody to p-grandmother....until a hearing is sched.2-3wks out.NO evidence to support allegations, the father has a no contact order in place !!!

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 13, 2018

So what's your question?

Generally, if a grandparent or other person can show that they have established emotional ties with the child that create a parent-like relationship, that person can seek custody of the child.

The no contact order against Father will remain in place...
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1 Answer | Asked in Family Law for Oregon on
Q: State of Oregon took kids from ex-wife and placed them in my care.

I do not have custody, the state had to file against both of us. Her filing was eminent danger with 8 years of DHS visits and DV. they filed against me because i did not have the money to take the kids from her. How do i get this off my record? We went to court and the judge made no decision and... View More

Joanne Reisman
Joanne Reisman
answered on Jul 10, 2018

I'm very sorry but there are just bits and pieces in your description that don't fit together anyway that an attorney can figure out what you are asking and formulate and answer. Removing children from a parent is usually a juvenile court matter called a dependency proceeding and it... View More

1 Answer | Asked in Family Law for Oregon on
Q: My ex-wife says she’s going to get her new husband to adopt my son and has stopped my visitation rights

My ex-wife has called and said that I am no longer getting visitations with my son she is saying that my son is someone else’s child and that she’s going to adopt My son to her new husband who just last month , she had called and made me pick up my sons because her Was abusing her where do I go... View More

Jessica Larsen
Jessica Larsen
answered on Jul 10, 2018

If you have a judgment with a parenting plan, you can file to enforce the parenting time order. If you were married when the children were born, or if you divorced and your children were born within 300 days of the termination, there is an automatic presumption that you are the father of your... View More

1 Answer | Asked in Family Law for Oregon on
Q: Wanted to know how to get help to have visitation but not financially able to hire lawyer. Is there help for people

I love my son and my daughter actually left her mother to be with me 4 yrs ago. My ex won’t let my son come to Oregon to visit. Has to be help for people that can’t afford to pay for attorney fees.

Joanne Reisman
Joanne Reisman
answered on Jun 29, 2018

The answer really depends on what court has jurisdiction at this point over your son. If there has been a prior court decision as to custody then that court would still have jurisdiction. If no court has ever considered the custody of your son, then the jurisdiction would be with the court in the... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Recieved a "Notice of registration of child custody determination" what does this mean?
Jessica Larsen
Jessica Larsen
answered on Jun 29, 2018

Without seeing the paperwork you were sent, it sounds like the other parent of your child registered a past order or judgment determining custody with another state. This can be done for several reasons, including current or future enforcement of the child support determination. I am available if... View More

3 Answers | Asked in Family Law and Real Estate Law for Oregon on
Q: How can I stop my spouse from selling our home?

I home is in his name only but got the home together. I am out of state taking care of father

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jun 26, 2018

The only way to legally prevent him from selling the home is to file a notice of lis pendens. To do that, you will have to first file a petition for dissolution of marriage or legal separation.

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1 Answer | Asked in Family Law for Oregon on
Q: If an immediate danger order was vacated does that mean things go back to the way they were before it was signed

My son's father filed and mediate danger claim against me and one during the hearing the order was over was vacated by a different judge and I was to be able to get parenting time at my mother or sisters house regularly I ended up getting supervised visits at my sister's house for a while... View More

Jessica Larsen
Jessica Larsen
answered on Jun 26, 2018

If the immediate danger order was vacated, the parenting plan that was in effect before the immediate danger order controls all future visitations, unless there is another judgment in place. I am available if you have further questions.

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