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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.
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
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
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
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
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
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.
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
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
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
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
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?
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
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
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... View More
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
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
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?
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
Without the mothers consent or permission?
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
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
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
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
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
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 !!!
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... View More
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
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
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
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
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.
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
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
I home is in his name only but got the home together. I am out of state taking care of father
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.
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
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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