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Oregon Family Law Questions & Answers
2 Answers | Asked in Family Law for Oregon on
Q: My mother put the wrong father on birth certificate in 1963. both parents agree to paternity need one deleted 1 added.

I am 54 years old and just learned about this recently and just found my bio dad recently, need to change my birth certificate to his name as father.

Joanne Reisman
Joanne Reisman
answered on Jan 4, 2018

You say "both" but there are three parties involved - your biological mother, your newly found biological father, and your previously named father. Are all three people alive and willing to sign documents to correct the birth certificate? Is there any child support owed by your named... View More

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1 Answer | Asked in Family Law, Child Custody, Child Support and Collections for Oregon on
Q: I received a letter and I don't understand it. the end says " I herby authorize the parentage test money award indicated

above to be credited to be credited and satisfied in full. All sums due have been paid or otherwise satisfied in full and the judgement debtor does not owe any further sums to the state of oregon in connection with the money award for parentage cost". what does this mean

Joanne Reisman
Joanne Reisman
answered on Dec 31, 2017

Heck if I know. Please don't quote a single sentence out of a letter with no explanation of the full situation and expect some attorney to risk malpractice by giving an anonymous stranger legal advice on the internet. It getting good legal advice is important to you, you need to contact an... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: How do I proceed in getting parenting rights established?

My partner and I split early in the pregnancy (due in one month), things have got worse between us despite my efforts. I’ve contributed in every way I can short of handing her cash (I.e, split any bills for child care or doctors, set up my nursery, bought all big items for her nursery, bought her... View More

Joanne Reisman
Joanne Reisman
answered on Dec 28, 2017

You won't have any problem being involved in the child's life once the child is born and paternity is established. You do have to wait until the child is born however. If the mom will let your name be added to the birth certificate then your fatherhood will be legally establishes.... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: My children are in foster care and me and dad got into argument not physical but dhs says arguing is still domestic if

Dhs is wanting us to separate to give me my kids back now if we legally separate and father signs over full custody what will happen?

Joanne Reisman
Joanne Reisman
answered on Dec 27, 2017

DHS just wants to have some assurance that you and the father won't be living together and exposing the children to domestic violence. I would get an attorney and have the attorney assist you in clarifying what DHS wants. Filing documents to get a divorce and get awarded custody is not going... View More

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: I live in Portland Oregon and was never married to my kids father and neither one of us has went to court to establish c

He has been lieing to DHS to get cash assistance and now they are coming after me for child support, I have done and sent everything they have ask of me to prove she lives with me but they still favored him and are making me pay child support when my daughter lives with me. How do I stop this

Joanne Reisman
Joanne Reisman
answered on Dec 26, 2017

You initially get paperwork that is only proposed child support. You need to request an administrative hearing and at the hearing put on your evidence. Then if things don't go well, you will be given an amount of time by which you can file an appeal. The appeal will move the case into... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I’m 17, I don’t like the house I live in with my mom and step dad. How do I make it possible for me to live with my gma

Even if my mom says I can’t

Joanne Reisman
Joanne Reisman
answered on Dec 26, 2017

That's pretty easy. Just wait a few months until you are 18 then you will be an adult and can decide where you want to live. But you will also have to figure out how to pay for your expenses.

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Oregon on
Q: My unmarried partner has threatened to kick me out, declare me an unfit parent and take our son away.

What can I do to protect myself and prove I am not unfit? I am on disability due to fibromyalgia and see a therapist for PTSD. My partner is bi-polar and has schizophrenia that he refuses to treat. Our son is autistic and requires a lot of care and patience. I am his primary caregiver. How can I... View More

Joanne Reisman
Joanne Reisman
answered on Dec 23, 2017

It sounds like the problem is you choosing to stay with your abusive partner. Your partner has now power to take your son away. He can report whatever he wants to children's services. If you move out with your son and go to a stable living environment I can't imagine that... View More

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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: The mother of my child took him to Mexico what can I do?

I filed paternity papers as soon as I found out my son was born. I recently found out that his mother took the child to Mexico is there anything I can do.

Joanne Reisman
Joanne Reisman
answered on Dec 19, 2017

You need to talk to an attorney. If you filed an action in the court already and served the papers on the mother before she left the court in Oregon may have jurisdiction to decide your rights as the father. Filing with child support enforcement to establish child support is not the same as... View More

1 Answer | Asked in Family Law for Oregon on
Q: My 12 y.o. son's mother still has him sleep with her. Is this regarded as acceptable legally? He is pre-pubescent.
Joanne Reisman
Joanne Reisman
answered on Dec 15, 2017

It's really not clear what you mean by she has him sleep with her. But there is nothing wrong with humans sharing a bed in a non-sexual way. In some cultures this is a necessity due to space restrictions or because there is no other way to keep warm. It might be completely inappropriate if... View More

2 Answers | Asked in Family Law for Oregon on
Q: My 12 year old son's mother had him evaluated for depression without my consent. Do I have any legal recourse?

He is a very happy child who is 2 grades ahead in math, in the highest level orchestra at his middle school as a 7th grader, involved in leadership programs and tutors children at the elementary school. He has a general excitement for school and learning that is much higher than any other kids I... View More

Joanne Reisman
Joanne Reisman
answered on Dec 15, 2017

Assuming that the mother has full custody or joint custody, it is OK for her to seek medical advice and it sounds like it was the doctors idea that your son fill out the questionnaire.

Depression is a very serious illness and can lead to suicide and other problems and it can be due to a...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: I signed my daughters birth certificate & pay child support, what right do I have in Oregon. She is being kept from me

The mother of my daughter will not let me see my daughter I saw her last when she was 1, and she is now 10. She tells our daughter her husband is her father, and she will not tell her about me or let me see her. I still pay child support every month. I believe I should be able to see my daughter.... View More

Joanne Reisman
Joanne Reisman
answered on Dec 10, 2017

Unfortunately the legal process to establish parenting time is often separate from the process that establishes child support. That is because the State has a federal mandate to pursue and collect child support any time someone requests any type of state assistance or even if the just ask the... View More

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3 Answers | Asked in Family Law and Child Custody for Oregon on
Q: Is it legal to move a child across the country without the other parents consent if there's no custody order in place?

My ex and I have been in a custody battle for a little bit now. We both have been fully involved in our child's life. We broke up and she decided to move back home, which is across the country. She claims she has no support system here and is refusing to move back, even though our child is a... View More

Stephanie E. Emanuel
Stephanie E. Emanuel
answered on Dec 1, 2017

I don't blame you for keeping the costs down. But you have to understand that we can only provide you general guidance and answer free simple questions on here. Everyone needs to make money, and custody cases are expensive and require the right experience and expertise. You have already... View More

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1 Answer | Asked in Family Law for Oregon on
Q: If I have full legal and physical custody and I'm sick with cancer can I give my child to be raised by my family member

or let them adopt my child? We reside in Oregon. Biological father lives in Washington and have visitation rights. For past year he saw her only 5 times. Should I ask him for permission even if he doesn't have custody if I would like to place child now with relatives?

Joanne Reisman
Joanne Reisman
answered on Nov 30, 2017

You can always make arrangements for a temporary care giver for your child. There is a rather simple form that is good for six months but there is a way that you can pre-sign several versions so that there is one for every six months going forward as far as you want. This would allow the child to... View More

1 Answer | Asked in Family Law for Oregon on
Q: Trying to get visitation rights with my son in Washington I live in Oregon do I need to go to Washington to file or Or
Joanne Reisman
Joanne Reisman
answered on Nov 30, 2017

You have to file in the court that has jurisdiction over your son. That would be the last court that had a proceeding involving your son as your first choice because whenever a court addresses custody or parenting time issues for a child that court remains that "home state" court for the... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oregon on
Q: Is it possible for my soon to be ex husband ask for child support and parenting plan for a child that is not legallyhis

My son want to live with my ex husband because of his little sister.

Joanne Reisman
Joanne Reisman
answered on Nov 28, 2017

If someone meets the requirements of a psychological parent, https://www.oregonlaws.org/ors/109.119, they could petition the court to be awarded custody or parenting time, but they are rarely awarded custody. Preference is given to placing children with their biological parents. Anytime that a... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: In Oregon if I have physical custody of My nephew and I file guardianship papers who does he stay with until court?

Nephew is 11yrs old his father is very unstable and lives in a van and in and out of his car and hotel rooms for the last few years.. now my nephew is living with a friend of his fathers and has been for a few months meanwhile his dad is still living in his car. My nephew talks about his dad and... View More

Nathan Held
Nathan Held
answered on Nov 25, 2017

You seem to have a few questions. First, what are your rights as your nephew's aunt? You don't have any rights relating to your nephew, with exceptions that are not relevant here. Second, where will your nephew stay until the court date? Your nephew will stay where his parents allow him... View More

1 Answer | Asked in Family Law for Oregon on
Q: Filed for custody mod (seeking sole), after a year of joint. I'm custodial. In Oregon, how likely am I to get sole?

N

Vincent J. Bernabei
Vincent J. Bernabei
answered on Nov 22, 2017

“Joint custody” means an arrangement by which parents share rights and responsibilities for major decisions concerning the child, including, but not limited to, the child’s residence, education, health care and religious training.

The court cannnot order joint custody, unless both...
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1 Answer | Asked in Family Law for Oregon on
Q: The other parent was denied any parenting time. We want to leave the state.

The other parent was denied any modifications to the custody order. He has zero parenting time. The order states that I can leave the state without notifying. I am leaving the state, can he have me served again in six months if he does not know where I am? Will this cause me trouble? There was... View More

Joanne Reisman
Joanne Reisman
answered on Nov 21, 2017

Usually people with issues can still get professionally supervised visitation. It is very unusual for a judge to stop all visitation and the Judge may be wrong but that won't be changed unless the order gets appealed or reviewed. You really need to consult with a local attorney and discuss... View More

1 Answer | Asked in Family Law for Oregon on
Q: my ex is with a heroin junkie and wants to see my kids no visits by court. will he be able to fighting chance?

he is clean but his gf is back in jail again and has only been clean from heroin since a few days before she went to jail, she keeps using every time she gets out of jail, he doesn't believe that this choice will affect his chance in court. there are no visits ordered by court because he was... View More

Joanne Reisman
Joanne Reisman
answered on Nov 18, 2017

Heroin is a very hard addiction to break. Even if your Ex is clean, and you probably only have his word on that, a few days is not enough to be certain that he has gotten away from the addiction. Your situation sounds like supervised visitation would be the better option. Courts do actually care... View More

1 Answer | Asked in Family Law for Oregon on
Q: What to do when Parenting Coordinator won't follow/enforce parenting agreement/custody order?

I was awarded joint custody of my 12 year old son in December. Parenting agreement says we'd work our way to 50/50 parenting time with help of reunification therapist. I have full authority for medical/education but mother isn't cooperating with therapy/school/reunification therapy.... View More

Joanne Reisman
Joanne Reisman
answered on Nov 1, 2017

Stop talking about parental alienation. Legally what you have is a joint custody agreement and it isn't working . What the Oregon Courts do, when joint custody by voluntary agreement between the parents doesn't work, is the courts will dissolve the joint custody arrangement and decide... View More

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