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Oregon Family Law Questions & Answers
3 Answers | Asked in Adoption and Family Law for Oregon on
Q: Can i as a stepchild. Adopt my deceased stepfather.

What are my rights rules and conditions of being a stepchild same mom differnt dads

Joanne Reisman
Joanne Reisman
answered on Feb 12, 2018

You cannot adopt a dead person. Maybe if you tell us what you are trying to accomplish we can suggest a more appropriate solution?

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1 Answer | Asked in Family Law for Oregon on
Q: We modified our parent plan but we didnt modify the tax portion of it On 1st judgement it was everyother year Is it same
Joanne Reisman
Joanne Reisman
answered on Feb 3, 2018

No one can answer that without reading the paperwork. As a practical matter if you agree to this, whether or not it is ordered, you can do it that way. The IRS might need paperwork confirming who is supposed to get the deduction - check with your tax preparer. The IRS has guidelines as to which... View More

1 Answer | Asked in Family Law for Oregon on
Q: I am 15 and from Oregon. Can I decide to not visit my father?

I am pretty mature for my age and am not over reacting. My father is mentally abusive to me any time I say something that isn’t rude or bad, but he simply just doesn’t like. I have dealt with this for years now and I can’t anymore. How can I stop seeing him or even just see him less?

Joanne Reisman
Joanne Reisman
answered on Feb 2, 2018

I am going to assume that you live with your other. Your mother would need to file a motion to change the parenting time that is currently ordered. In addition your mother would ask the court to appoint an attorney to represent you. The court would then appoint an attorney for you but your... View More

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Oregon on
Q: My ex has violated a temp stalking order placed on him in August. How will this effect the case?

I am in the middle of a custody battle. I believe my ex is unstable mentally but not diagnosed. He has broken the stalking order by contacting via phone. The police arrested him last friday and he has been in jail all weekend. I am afraid of what will happen when he is released which i assume... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 29, 2018

No, there is no automatic win BUT it will likely favor your position with the court. All in all, you need to review it with your custody attorney and if contacted again, immediately report it to the police. A second violation of the restraining order is likely to keep him in jail for awhile.... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Can you serve papers when the respondent, petitioner, and child are present?

My exwife served me papers in a Wal-Mart parking lot. She had her dad "serve" me while she, our child, and I were present. Is this legal?

Joanne Reisman
Joanne Reisman
answered on Jan 27, 2018

The only requirement for service under Oregon Law is that a party of the litigation or their attorney can't personally deliver the papers but any other adult, such as her father, can certainly had off the papers. So assuming that this is a case filed in Oregon and that Oregon Law controls,... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: How do I prevent my ex-wife from reacquainting my 8-year-old daughter with my psychologically abusive mother?

During our marriage we agreed that a relationship between my mother and daughter was a bad idea. We went five years without said relationship. Now, less than a month since our divorce, she wants to reintroduce my daughter to my mother.

Joanne Reisman
Joanne Reisman
answered on Jan 26, 2018

You might need to convince a court that exposure to your mother is psychologically damaging to your daughter. It won't be easy and it won't be cheap. You would file a petition to amend the terms of your parenting plan with the mother and ask the court to amend the plan to limit the... View More

1 Answer | Asked in Family Law for Oregon on
Q: I have 50/50 custody of my daughter she is 13 and continually threatens to move to her dads she thinks in oregon the

Child gets to just choose where she lives what is the law in oregon for this

Joanne Reisman
Joanne Reisman
answered on Jan 23, 2018

No, she doesn't get to decide where she wants to live until she is 18. Sounds like you have a teenager acting out on your hands and this happens even with parents that aren't divorced. I really hope you and your ex can agree to not let your 13 year old try to be a dictator. Talk to... View More

1 Answer | Asked in Family Law for Oregon on
Q: My mother interferes with my visits with my son, she has a car and I don't. What can I do before I move?

My mother uses 95 percent of my parenting time and acts like she's the mother not me. I am soon moving closer to my son, so this doesn't happen, but what can I do now?

Joanne Reisman
Joanne Reisman
answered on Jan 23, 2018

Legally you already have 100% of the rights to control your time with your child and exclude your mother if you want or at least limit her time with your child. It sounds like you need to find a way to cut the financial apron strings that keep you at your mother's beck and call. This... View More

1 Answer | Asked in Family Law, Civil Rights and Libel & Slander for Oregon on
Q: My brother wrote lies about me some place online. I can't fight what I don't know

Who can help me find out what he wrote?

Joanne Reisman
Joanne Reisman
answered on Jan 22, 2018

This isn't a legal question and we don't have a way to search for anyone on Justia much less someone without a name. But I am going to suggest that you read up on what libel and slander is and ISN'T. Just because someone says something about you that you don't like... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: If parent A is court ordered to p/up children from parent B at 4 can they decide to say “oh my mom will get them at 630

Dad has sole custody and Mom never sees them even though she’s supposed to get them Friday to Sunday. She is finally getting them Friday and she gets them at 4:00, but all on Friday she texts that she’s unexpectedly starting her new job and her mom will get them at 6:30. Is that ok?? Note dad... View More

Joanne Reisman
Joanne Reisman
answered on Jan 19, 2018

First of all you are writing this as though you are not the mother or the father who have this arrangement. This has to be something that the two parents work out. Any parenting time plan is going to require some flexibility but it also requires firm boundaries as the parent in father's... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: My ex husband has full custody in california and I'm in oregon

He has had her for 2 years due to a difficult time in my life. He has full physical custody what are my next steps to reverse that so I can have some type of visiting rights or get half custody back?

Joanne Reisman
Joanne Reisman
answered on Jan 18, 2018

It sounds like the court that last issued a Judgment for custody is a California Court. If that is the case you will need to file something with that court asking for the court to set up parenting time or visitation. That should be easy unless their is some concern about your ability to have your... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: Are there any Pro Bono lawyers and/or options for custody/child support cases in central oregon?

Are there any Pro Bono lawyers and/or options for custody/child support cases in central oregon?

Joanne Reisman
Joanne Reisman
answered on Jan 18, 2018

You can get free assistance for establishing child support anywhere in Oregon. Just go to the District Attorneys office in the county you live in. For Custody parenting time you can find forms at your local courthouse or on line that you can use to file. It would of course be better to have the... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Oregon on
Q: if me and my ex have joint custody but she the main parntens can she tell me how to run my life

on the court paperwork it say my son live with her. he with me Thurday to Sunday night some week in tell Monday morning she will call my phone or email me or msg me intell i pick up to ask for money some month it about 12,00 to 1,500 over the court order . if i start to date anyone she want a... View More

Joanne Reisman
Joanne Reisman
answered on Jan 16, 2018

Please resubmit your question with more clarity about what is going on and what your question is. I just get respond to a question that doesn't make sense.

1 Answer | Asked in Family Law and Juvenile Law for Oregon on
Q: I am a minor in Oregon enrolled in a program to start college full time. Can my parents legally stop me from going?

Program is called Baker Early College. I am 16.

My parents do not agree with me going, I just want to know if they can legally stop me.

Joanne Reisman
Joanne Reisman
answered on Jan 14, 2018

Legally your parents are your guardians until you turn 18. Once you turn 18 you can do whatever you want. Along with being your guardians your parents provide you with a place to live and financial support and it is extremely important to hae this financial assistance if you want to stay in... View More

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: My son lives in Washington state and the parenting plan was filed and approved in Oregon courts. What if the mother is

Not abiding by the parenting plan? Can I have it reopened in Oregon?

Joanne Reisman
Joanne Reisman
answered on Jan 14, 2018

The court that issued a decision on custody and parenting time continues to be the only court with jurisdiction to hear any proceedings to modify or enforce the original court orders unless and until there is a formal motion to transfer the jurisdiction of the case to another court.. So the fact... View More

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1 Answer | Asked in Estate Planning, Family Law and Child Custody for Oregon on
Q: I would like to ensure that my daughter's father cannot get custody if I die. How do I ensure this will not happen?

He has been abusive, I have had a restraining order against him in the past so that he could not contact myself or our child. He is unable to hold down a job and owes over $3000 in child support. He currently has no form of custody, nor do we have a parenting plan.

Joanne Reisman
Joanne Reisman
answered on Jan 11, 2018

First of all you need to make sure that you do have legal custody as ordered by a court. Your summary above implies that you do but I am not 100% sure.

Second you need to set up an estate plan that plans for this contingency. As the biological parent the father may have better rights to...
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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: My ex has custody of our children, we have a parenting plan and split time 50/50. Can my kids choose their school?
Joanne Reisman
Joanne Reisman
answered on Jan 9, 2018

A 50/50 split is usually joint custody. But if the court did state in the Judgment that your Ex has custody, then your ex decides what school your children should attend. If you have joint custody both parents decide. The children never get to decide. They can however voice a preference, but it... View More

1 Answer | Asked in Family Law and Divorce for Oregon on
Q: I was inquiring about common law marriage in the state of Oregon and we have properties that we have both purchased

I was inquiring about common law marriage in the state of Oregon and what are the laws we have been together for many years and everything is in his name not in mine and we're not legally married

Joanne Reisman
Joanne Reisman
answered on Jan 9, 2018

There is no common law marriage in Oregon. However, you might be able to prove a domestic partnership if you can prove that there was an intent to be business partners in the purchasing or investing in property. You will have the burden of proving this, whereas a joint economic partnership is... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Do I have to give my daughters Father my weekend if she was sick on his the weekend before?

I have full legal and sole custody. He was given a strict parentIng time schedule due to mental illness. No overnights, and every other Sat. and Sun. 10am-6pm and I’m required to provide her all transportation. She’s been under distress the last few months being there with her Dads constant... View More

Joanne Reisman
Joanne Reisman
answered on Jan 9, 2018

If your parenting time agreement doesn't specify make up visits when your daughter is ill, then you are not under a court order to do so. However the court wants to see parents take extra measures to insure that the other parent isn't deprived of parenting time when there are unforeseen... View More

1 Answer | Asked in Family Law for Oregon on
Q: I live in Oregon and wondering if I can leave the state with my newborn.

My husband and have been married for 17 years. We were separated emotionally but still living together around the time I conceived my baby, it could be my husbands, could be another mans. My husband and I want to divorce and I am considering moving to California where I will have support from... View More

Joanne Reisman
Joanne Reisman
answered on Jan 4, 2018

There is no legal reason you can't pack up and leave with your baby. The problem however is not whether you can legally leave but rather what will happen once you do leave. For a period of time after you leave the State of Oregon will still have jurisdiction over your baby so either man... View More

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