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Oregon Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Vacation pulled by ex-spouse

My ex-husband agreed to vacation time that would result in him not seeing his kids on his weekend. I have his agreement in writing. Now two days before the vacation he is now refusing me to take them. If I take my children on vacation after his refusal will I be in contempt of our court ordered... View More

Jessica Larsen
Jessica Larsen
answered on Jun 26, 2018

If you have a parenting plan in place, and he agreed in writing to allow you to deviate from the agreement and take your children on vacation, you should not be held in contempt of your court ordered agreement. It is possible he will file contempt charges, but your defense is the writing that he... View More

1 Answer | Asked in Family Law for Oregon on
Q: I have sole custody of my children, my ex has court ordered parenting time each week.

He informed that during his parenting time, he will be working open to close at his job. He is refusing to tell me how he plans to care for the children during that time. He claims it is his personal life and none of my business. Is he allowed legally to keep information regarding the care of my... View More

Jessica Larsen
Jessica Larsen
answered on Jun 26, 2018

It depends on what is ordered in your parenting plan, which can be found in your judgment. If you filed a Basic Parenting Plan Form from the Oregon Judicial Branch, there is a generic statement under section 6.1, stating "each parent will make day-to-day decisions regarding the care and... View More

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

I am taking care a elderly father in another state and our home is in Oregon. His name is on the deed but we got the home together

Jessica Larsen
Jessica Larsen
answered on Jun 26, 2018

Did you file for divorce in Oregon already? If you have, there is an automatic restraining order preventing both parties from disposing of marital assets. If you purchased the home together while you were married, the house is considered a marital asset and cannot be disposed of, regardless of... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I am the legal custodial parent of my daughter, however I gave temporary guardianship of my daughter to her mother.

However her mother has taken off with her I have no idea where and she will not answer my phone calls or text messages nor will she let me see my daughter or talk to her is that legal to do

Joanne Reisman
Joanne Reisman
answered on Apr 16, 2018

If this is a minor child, we would discuss who has custody. Guardianship is generally reserved for control over an adult or over someone that is not a biological child. Your use of guardianship interchangeably creates confusion as to whether your daughter is a minor or an adult.

Assuming...
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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: My parenting agreement says I am to have my daughter 27% of the time, where as I’ve had her for 70%. Can I change it?

Almost 2 years ago when I got divorced from my ex a parenting agreement was made so we have joint custody of my 3 year old daughter. The parenting agreement states that I am to have her up to 27% of the time. I pay child support and have had my daughter consistently for over 70% of the time... View More

Joanne Reisman
Joanne Reisman
answered on Apr 8, 2018

Assuming this is an Oregon case, Oregon courts will not order joint custody. To get something like the 70% you have had you would have to file to get custody and given that you have parented more than 50% of the time you might actually have a shot at getting custody.

The Oregon Court may...
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1 Answer | Asked in Divorce and Family Law for Oregon on
Q: if i have a judgement for divorce not signed by a judge does it mean i am not divorced?

I have never received my Final Judgement of Divorce and now I am ready to apply for several QUADROs for retirement plans. however i understand i need a signed Final Judgement of Divorce by a judge in order to obtain my share of CalPers retirements of my 30 year marriage. How can I do this? what... View More

Joanne Reisman
Joanne Reisman
answered on Apr 3, 2018

WHOA! You may have a serious problem and your question is not asking what you need to know. If this is an Oregon divorce Oregon Law will not allow further property division once a divorce is final. So in order to get a QDRO done post divorce, the divorce decree/judgment needs to have language... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: My friend has a custody situation in Arizona but lives in Oregon. Where does she turn for low-income help?

Hello.I am contacting you on behalf of a close friend of mine in an urgent custody battle in Arizona. She was served papers to appear in court in May to discuss severing her parental rights & needs help! She is a newly former Arizona resident. Due to being near homeless with her daughter (whom... View More

Joanne Reisman
Joanne Reisman
answered on Apr 3, 2018

If this matter is in an Arizona court she is going to need an attorney licensed in Arizona because only a State licensed Attorney can appear in the court for that State. You need to look for an Attorney in Arizona. There may or may not be low income programs in Arizona. Usually a legal... View More

1 Answer | Asked in Family Law, Child Support, Communications Law and Sexual Harassment for Oregon on
Q: Can I do anything legally to a 27 yr old trying to talk to my 18 yr old daughter?

There is a 27 yr old trying to e-mail to my daughter, who just turned 18, I watch her e-mail account. I've already told him once not to talk to her, but he's attempted to get in contact with her again now that she's turned 18. She's adolescent and wants to have a friendship with... View More

Joanne Reisman
Joanne Reisman
answered on Apr 3, 2018

Well she is legally an adult so you can't control who she talks to directly but if she is living in your house and you are supporting her you can lay down your house rules. However that might mean asking her to move out if she won't comply and I don't think that is the end result... View More

2 Answers | Asked in Family Law, Real Estate Law and Probate for Oregon on
Q: My father passed away we owed the home jointly my step mom is now trying to sell the home without my consent

I and my father are still shown as owners on the deed. She took advantage and married him on his deathbed while he was not in his right mind. Can she legally take and sell my property

Joanne Reisman
Joanne Reisman
answered on Mar 27, 2018

If there are two legal owners on the title to real estate the property cannot be sold until both owners agree to the sale. Your other recitals raise some legal questions about whether your step mom used undue influence to obtain her share of the property. You will need to go an talk to an... View More

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1 Answer | Asked in Family Law for Oregon on
Q: How to apply for guardianship in the state of Oregon? Price is a issue.

My son is 22 yrs. 3x brain cancer with psychosis and delusions, no income or assets. We need to make medical decisions. Right now we work with his Doctors that have known him since he was 13 yrs. they know his wants because up till 1.5 yrs ago he actively made decisions and made his wishes known.... View More

Joanne Reisman
Joanne Reisman
answered on Mar 26, 2018

You should make sure that your son has signed an Advanced Directive which names you (the plural you - his parents) as having the power to make his medical decisions when he can't. This form is available for free at most hospitals but I think that form as written can be very confusing so it... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Oregon on
Q: can i report my fathers truck stolen if my sibling has taken it and refuses to bring it back until will finalized?

My sister who is executor of my fathers estate and will has taken our dads new ford truck and refuses to return it to my dads property until the finalization of his will with probate.we all have copies of the will and no one else has removed anything awaiting any updates from our sister.she... View More

Joanne Reisman
Joanne Reisman
answered on Mar 21, 2018

Assuming that a probate has been filed and your sister was appointed as executor, she would have the right to secure all assets of the estate while any issues are being resolved. What you need to understand is that just because your dad's will expressed that the truck be paid off and given to... View More

1 Answer | Asked in Family Law for Oregon on
Q: My husband was forced to give up legal rights of his daughter 5 years ago. She is turning 18. Can he contact her then?
Joanne Reisman
Joanne Reisman
answered on Feb 28, 2018

It is unclear what you mean by he was forced to give up his legal rights to contact his daughter. If he was still legally the father he was always able to go to court and get parenting time including asking for a modification of a prior order the barred contact. However if he was forbidden to... View More

1 Answer | Asked in Family Law for Oregon on
Q: Can I sign off my rites as a father If don't get to see my kid
Joanne Reisman
Joanne Reisman
answered on Feb 28, 2018

No. If this is an Oregon case, you have a legal duty to support your child until your child turns 21 (18 if the don't stay in school) and that legal obligation is not connected with your parenting time rights. If an new father adopts your child (like a step parent adoption) then you would... View More

1 Answer | Asked in Family Law, Car Accidents, Civil Rights and Probate for Oregon on
Q: Can my daughter's boyfriend hold her things hostage from me? My daughter passed away. What should I do???

My daughter still has half of her belongings in my garage. She was bringing things back and forth. Unsure of her relationship. She only dated him for 10 months. Lived with him maybe 5 of those months. I'm just wanting my daughter's hope chest with everything that was in it. Computer and... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2018

Talk to a lawyer who handles estates. He can write the jerk.

1 Answer | Asked in Family Law and Civil Litigation for Oregon on
Q: after 11 months I recieved a date to modify parenting time and child support. I recieved a default judgement

Judge refused a setover after 2 snow days and 2 of 3 witnesses not able to attend due to closures of school. what form do I use to vacate and set aside the default judgment?

Joanne Reisman
Joanne Reisman
answered on Feb 25, 2018

You need to file a motion and order to set aside the default. I don't think there are forms for that. You can also file a new motion to modify parenting time but the Judge may dismiss it stating that the matter has already been ruled on, but the other side would have to ask for a dismissal... View More

2 Answers | Asked in Family Law for Oregon on
Q: My mom called cps with an accusation of me using meth now I am clean my mom however has my daughter under recommendatio

I just need to know the ask the legal aspects even though she said it was her recommendation that my daughter stays there how can she do that when I'm clean and it's just off of somebody's here say word and I can provide clean UA can I go get my daughter legally

Joanne Reisman
Joanne Reisman
answered on Feb 24, 2018

If this was a voluntary placement because CPS was threatening to take you daughter away if you didn't place her, there there is probably a CPS worker assigned to the case and you may need to follow some type of plan to show that you are stable before your daughter goes back to live with you... View More

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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: In Oregon, if I filed the petition of custody am I able to drop the same petition ever with a hearing scheduled?

I want to drop my petition for many reasons and valid concerns, amid a judge overseeing and making decisions on a custody case for my 4y/owho has outcries and had physical injury from sexual abuse by bio dad; even tho bio dads brother is judges court clerk. Also default in my favor occurred 10/25... View More

Joanne Reisman
Joanne Reisman
answered on Feb 19, 2018

You need to talk with an Attorney about this in an office consultation. This is too complex to give general advice in response and really shouldn't be discussed on the internet. If the Judge's clerk is related to your ex then maybe you should ask for a new judge to hear the case.

2 Answers | Asked in Divorce and Family Law for Oregon on
Q: I need to find a lawyer that is in Ontario OR. for divorce and family law. I'm a single mom who works 2 jobs I need help

My ex and I have been separated since nov 15 2014. He has not seen kids on regular basis and not a dime of child support then he ups and leaves to move back to CA with his parents. I moved here for him so he could be closer to his daughter left everyone I Knew, are marriage ended 4 year later. I... View More

Joanne Reisman
Joanne Reisman
answered on Feb 19, 2018

Get on the internet and search for a family law lawyer in Ontario Oregon. You can also call the Oregon State Bar and ask for the lawyer referral service. They will give you names of Family Law lawyers in your area who will give you one consultation for a cheap price. (503-620-0222). Searching... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: my daughter agreed to 50-50 custody when she left her childens father, tried to change to 60-40 now gets nothing.

when my daughter tried to gain more custody time so she can benefit from TANf and get job search assistance and a decent amount of child support, the child support office cut her off to zero support stating they both earn minimum wage. she doesn't have a job. he is a contractor and is not... View More

Joanne Reisman
Joanne Reisman
answered on Feb 19, 2018

There appears to be some confusion here. DHS which administers welfare, TANF and other benefits for low income people has nothing to do with setting or collecting child support. I don't have expertise in how they calculate income so I would suggest you go with your daughter to the field... View More

1 Answer | Asked in Child Support, Family Law and Child Custody for Oregon on
Q: 16 years ago I had a one night stand with a woman and recently, the local child support agency contacted me.

I don't remember her, I think I met her at a bar? She is claiming i'm the father of her child. The paternity has not been confirmed however, what rights do i have? I've confirmed through the paperwork, i'm not on the birth certificate. Can I sue her for keeping the child a... View More

Joanne Reisman
Joanne Reisman
answered on Feb 12, 2018

Get a blood test and find out if the child is yours first. It may not be. Please understand that this women may not actually know that you are the father. What happens is that when someone applies for welfare the State may force the to name a father as a condition of receiving government... View More

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