Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oregon Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Oregon on
Q: How to get my kids back from social services?

My boyfriend's brother girlfriend and mother have been trying to get our kids taken since we got here they finally succeed when I tried everything to keep my kids healthy and failed to the point she almost died not even medical professionals would help us help her. We had two ER visits one... View More

Joanne Reisman
Joanne Reisman
answered on Jul 29, 2017

The social worker involved in the case will lay out a plan that you absolutely have to follow if you want your children back. You will be entitled to a court appointed lawyer when the matter is heard in the juvenile case which it should be shortly. But following the plan you are given is what you... View More

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: Can a judge approve only 6 weeks parenting time?

After the last custody hearing I found out my mother has cancer and have moved across the country to help her. My ex is making it difficult to see my son again. I petitioned to modify parenting time and she has counter petitioned. asking for me to be allowed to see him for 5 weeks in the summer and... View More

Joanne Reisman
Joanne Reisman
answered on Jul 29, 2017

The Judge is not going to stop you from seeing your son at Christmas. The problem is that your child needs to live primarily in one location when school is in session. Also the age of the child is a factor and you didn't say how old your child is. It would be reasonable to split the... View More

View More Answers

2 Answers | Asked in Family Law for Oregon on
Q: Money judgement ordered in custody case in 2014, too late to file for contempt. How do I get my money judgement

I have a money judgement that was ordered during a custody case for medical expenses. The judgement was to be paid within 30 days after entry and has a interest of 9% per year. The order was filled in 2014, and the other party has not paid anything. I went down to the Multnomah County courthouse... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 28, 2017

A child support judgment is valid and enforceable for 25 years, so you could let it ride and collect 9% interest for a while. If it is not a child support judgment, then it is valid and enforceable for 10 years but can be renewed for another 10 years if done before 10 years elapses from entry of... View More

View More Answers

3 Answers | Asked in Family Law and Child Custody for Oregon on
Q: My girlfriend is planing on not taking her 15 year old daughter back to her ex husband where she has lived for 6 mos.

Daughter moved to dads which the parents agreed to temporarily and should have been back at moms in June but dad won't agree to it. They have joint custody. Will my girlfriend get in trouble with the law? If so will her doing this make it more difficult for her to get her daughter back home?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 28, 2017

First, the answer depends on what the existing court order states. Second, if there was an agreement that modifies the court order, that agreement should be in writing and state how long the change is supposed to last. Third, if Mother has legal custody of the child in a court order, she cannot... View More

View More Answers

2 Answers | Asked in Family Law for Oregon on
Q: Is it illegal to video record my attempt at picking up my son in Oregon?

My son's mother has informed me via email that I cannot record her or our son at any time. I am being denied parenting time and want to record my attempt at picking him up so it is documented for use in court. We both live in Oregon. I would be attempting to pick him up from her home.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 28, 2017

Ordinarily, you cannot audio record someone in person unless they consent. In Oregon, only one party to a telephone conversation within Oregon needs to consent to the recording, and that is the person recording. If the in-person audio recording is made from a public location, such as a sidewalk,... View More

View More Answers

2 Answers | Asked in Family Law for Oregon on
Q: What are legitimate reasons to deny parenting time in Oregon?

I have a court order that establishes my parenting time. My Ex is claiming that our son (age 9) is "not comfortable" at my home. She is not allowing me time with our son, and claims her lawyer has told her that it is legal to do so for the child's comfort. What are valid, defensible... View More

Joanne Reisman
Joanne Reisman
answered on Jul 27, 2017

Just saying your son isn't comfortable isn't sufficient to withhold court ordered parenting time. But if there is more to it, you might want to work with the mother and your son to fix whatever needs to be fixed if there is an identifiable reason capable of fixing. But sometimes a young... View More

View More Answers

1 Answer | Asked in Employment Discrimination, Employment Law and Family Law for Oregon on
Q: Is an employer allowed to ask for full access to legal records to excuse an absence?

In Oregon if a child has a mark on their face or head from a fall, and it is reported that the child was not taken to the hospital, DHS can take the child. This happened to a friend of ours, and his employer tried to fire him for absences related to court dates for this. He tried to file under... View More

Joanne Reisman
Joanne Reisman
answered on Jul 27, 2017

I think you need to read between the lines here. What the employer wants is documentation that there is a legitimate reason for the absences for work, ie real court dates that require his presence. Juvenile court records are sealed and in some cases not even attorneys have access. So what needs... View More

3 Answers | Asked in Estate Planning, Family Law and Probate for Oregon on
Q: The issue I'm dealing with is a probate case.

The issue I'm dealing with is I have power of attorney for my boyfriend who is incarcerated. During his time there his father passed away but prior to this his father and him added his name to the title to his home just in case something happened. (They went together and both signed the... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 27, 2017

If your BF's father had a will, the will will control how the property in the estate will be distributed upon his death. It is unlikely but possible that your BF owns the entire house. If the deed provides for survivorship rights, your BF may own the entire home. Once your BF was added to... View More

View More Answers

2 Answers | Asked in Family Law, Intellectual Property and Real Estate Law for Oregon on
Q: 2 questions.. is it legal to take a loan on property without both owners consent?

not only did my grandmas sister switch her name and take it off the property and add her daughter in place of her, without my grandma present and her notarized signature, changing ownership of half the property without the other halfs approval is illegal mal practice right?

and the first... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 27, 2017

If a lender is foolish enough to make a loan to only one of two owners of the property, it is ok. Your great aunt committed forgery and fraud if she signed your grandmother's name to a deed without your grandmother's consent or knowledge. If there is a lien against only one party's... View More

View More Answers

1 Answer | Asked in Family Law and Probate for Oregon on
Q: Mother died, younger sibling mother's personal representative will not share will with siblings, do we have rights

Do not all the siblings have a right to see the will we are all named in the will as far as we know?

Where should we turn to see the will if sister will not share it with us?

Thanks!

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 24, 2017

If your mother owned anything of value in her name alone at the time of her death, her original will will have to be submitted to the court in a probate proceeding. You will receive notice of that proceeding and a copy of the will. The only exception is if there are no assets of value in your... View More

2 Answers | Asked in Family Law for Oregon on
Q: If my sons father hasn't seen our son in over 4 years and now wants to have visits do I have to let him?

I have sole custody.

Joanne Reisman
Joanne Reisman
answered on Jul 21, 2017

You don't say if there is a parenting time order all ready in place. If there is a parenting time order that was ordered by the court and it hasn't been modified it is still a legal court order and refusing to allow the father to visit as ordered could be contempt of a court order. Of... View More

View More Answers

1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Criminal Law for Oregon on
Q: One of my neighbors had been harassing me and my family for a few months. Making Vulgar remarks and threatening gestures

I would like to know what I can legally do to get him to stop me and my family are in fear that it will escalate into something more. He's already tried hitting me with his vehicle On one occasion. And has been Menacing us with treats

Joanne Reisman
Joanne Reisman
answered on Jul 19, 2017

You need to report this to your local police. The attempt to hit you with his vehicle may well be an assault. Generally speaking a person making vulgar remarks isn't going to get in trouble as they do have a right to free speech so this is a tricky area. But a sum of acts that would put a... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: When my wife and I separated after I found out she was cheating she wouldn't let me see my daughter and then have no con

She wouldn't talk to me because I found out she was cheating so she stopped all contact next thing I know she needs to Texas and that's where I'm at now

Joanne Reisman
Joanne Reisman
answered on Jul 18, 2017

You haven't asked a question. Try again.

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: If my wife took our two year old daughter from Oregon to Texas can I come to Texas and bring my daughter back? BEEN 6 mo

We're still married, but she took my child, pending our divorce set here in PORTLAND OR, sept. 14-15! And she waved mediation back in june, before I found out she left! Didn't find out for a month after?

Joanne Reisman
Joanne Reisman
answered on Jul 18, 2017

I hope you are represented by an attorney. If not, get one. You need to discuss your next step with an attorney which will probably be a hearing about the status quo and establishing a temporary parenting time schedule. What I am having a hard time understanding is how you didn't notice... View More

1 Answer | Asked in Adoption, Family Law and Child Custody for Oregon on
Q: Im 15 almost 16. I have recorded my Mom saying I Hate you and to leave. Will I get in trouble by the cops if I go move?
Joanne Reisman
Joanne Reisman
answered on Jul 18, 2017

Well for starters, you haven't clearly expressed what is going on. We know you are a minor. You recorded your mom saying she hates you and she wants you to leave - which was probably during the heat of some argument. I don't think anyone would take that as a final statement of your... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: 8 year old not allowed to visit dad based on the mom's jealousy. How do we get full custody where she would be safe.

Mother refused to let Father be in child's life and has recently completely taken her away, telling the child shes not allowed to call her father "dad" anymore.

Joanne Reisman
Joanne Reisman
answered on Jul 17, 2017

The father is the person that needs to go to court and establish a court ordered parenting plan. Then the court can be asked to enforce it and these games will stop. If you are not one of the biological parents involved in this issue, you have no standing to take legal action. Only the parents... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Hi my son's father is not on the birth certificate do I have full and sole custody of my child or do i have file paper

He does not support him in anyway but he does see him

Joanne Reisman
Joanne Reisman
answered on Jul 14, 2017

If the father is not on the birth certificate he is not proven to be the father so he can't claim custody at the moment. But this could change in the future if you request state assistance either by applying for the Oregon Health Plan or something else like food stamps. The State will... View More

1 Answer | Asked in Family Law for Oregon on
Q: My son calls me by my suffix and his mothers boyfriend dad. What can I do to remedy this?

I have a custody order originating from Oregon. She took him to Arizona without proper notification. It's a long distance parenting plan, but Oregon has jurisdiction.

We had a very contentious custody battle, and it's been difficult since the order was set in place. Her boyfriend... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 13, 2017

Your circumstances are not uncommon but unfortunately there is no ideal solution unless both parents and stepparent are willing and able to allow the child to maintain a healthy relationship with all the adults. If you've already had a contentious custody battle, you probably know that the... View More

2 Answers | Asked in Civil Litigation, Family Law, Elder Law and Car Accidents for Oregon on
Q: My parents are 89 & 90. My Dad still drives. He should not be driving. What is my liability?

This is a broad question. Please help me understand what risk my siblings and I may have for our father driving. Is there any case law in Oregon setting precedence? In my mind's eye, we have a moral obligation to the public. My questions are: Knowing our Dad should probably not be driving... View More

Joanne Reisman
Joanne Reisman
answered on Jul 5, 2017

If you father does not live in your house, isn't driving your car, and isn't listed on your car insurance, I don't think you have any legal ties to him such that the damages for an accident he causes will come back on you. The indirect financial problem would be that if he causes an... View More

View More Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: Ex racked up medical bills before order was signed & let them go past due, do I owe for bills before court order signed?

My ex took my daughter to the doctor several times this year. We just got a custody battle settled, and in the new court order, I agreed and am required to pay half of my daughter's medical bills. However, my ex failed to disclose that she had outstanding bills that she had not paid. Am I... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jun 27, 2017

The answer probably depends on the commencement date for child support as set forth in the General Judgment of Dissolution of Marriage. There may be other relevant provisions in your judgment. If you do not have a copy of your general judgment, you should get one from the court or from your... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.