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Oregon Family Law Questions & Answers
1 Answer | Asked in Family Law for Oregon on
Q: modification for parenting time

Oregon. I have judgement with my ex wife. In the judgement, I am supposed to get my kids every summer. My ex wife with held the kids. I took her back to court, and she was found in contempt of court. The judge then told us to go mediate. The judge also gave me more time to make up for the lost... View More

Joanne Reisman
Joanne Reisman
answered on Jun 23, 2017

It isn't clear what you object to, the new parenting time agreement or the sharing of medical expenses. It is normal for the parents to be ordered to share unpaid medical expenses but you probably want to make sure that this sharing has been correctly calculated. The child support... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Municipal Law for Oregon on
Q: my daughter is around someone who cannot have her own kids or be around them alone, what can i do?

My daughters dad took her and went to Alaska without my knowing or my okay, and now he has her around someone who they are living with.. this person cannot be around kids alone nor can she have custody of her own children. What can i do to get her some safe and faster then waiting for a court date.... View More

Joanne Reisman
Joanne Reisman
answered on Jun 21, 2017

You don't say if there is already a court order awarding you custody or establishing parenting time. You also don't tell us what the dates are for all these changes. You will have to get this in front of a court somewhere to establish custody and parenting time or to enforce and order... View More

1 Answer | Asked in Estate Planning, Family Law, Gov & Administrative Law and Real Estate Law for Oregon on
Q: father passed away his wife became executor. I live out of state executor sends paperwork.. cont

sends paperwork for me to sign stating property appraised at $40.000 I look in county records find property valued at $80.000 collusion??? how do I address courts about this.what motion must I file to have executor removed and oldest son become executor?

Joanne Reisman
Joanne Reisman
answered on Jun 12, 2017

It is not clear if you reside in Oregon, or if you reside elsewhere and this probate is taking place in Oregon. But just understand that county records that are for property tax purposes may not reflect the proper value of the real estate. I would try looking on a commercial website such as... View More

1 Answer | Asked in Family Law for Oregon on
Q: I need to figure out how to get immediate guardianship of my nephew whom has been living with me a few months now.

His father/my brother is unfit, homeless and on drugs.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jun 7, 2017

You may either file a petition for guardianship of a minor or a petition for custody in the county in which you reside, assuming the child has resided in Oregon for at least the past six months. Alternatively, if your brother will sign a delegation of parental authority, you may be able to avoid... View More

2 Answers | Asked in Estate Planning, Family Law and Consumer Law for Oregon on
Q: I want to donate my car. My deceased grandmother is listed second on the title since she cosigned. What do I do?

There is no survivorship on the title. I am not the executor of her estate. There was only one executor. She died in 2012 and this car was not part of her will/estate. The donation company tells me all I need is to give them a notarized inheritance affidavit and have a death certificate, but DMV... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jun 6, 2017

You should give the car title with your signature on it, your grandmother's death certificate, and the DMV affidavit of heirship to the company you want to donate the car to. The affidavit of heirship should be signed by the beneficiary of your grandmother's estate. You can get the DMV... View More

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1 Answer | Asked in Family Law for Oregon on
Q: What can be filed while dissolution of marriage is pending to allow for exclusive occupancy of the home by mom and kids?

A dissolution of marriage has been filed and the respondent has not lived in the home for 6 weeks (and had supervised visitations only with kids) due to a restraining order that was just dismissed because date of abuse was in question (not the act). On the day of the contested restraining order... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jun 6, 2017

If you have not already done so, you should file a motion for order to show cause for temporary orders, including exclusive occupancy of the residence. This motion should have been filed at the time the divorce action was filed, along with a request for temporary child/spousal support. The status... View More

2 Answers | Asked in Divorce and Family Law for Oregon on
Q: Indivorce case, her spouse repsonded and now have a mediation date,Is it true only parenting time can be discussed?

There is child support and bills that are being contested but it was explained those are not dealt with in mediation and if not resolved a judge decides ?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jun 6, 2017

Depending on which county your case is filed in, mediation may be limited to custody and parenting time issues. In Clackamas County, the mediators will address financial issues as well, but not in Washington, Multnomah, and Marion counties. As an alternative, you can retain a private mediator who... View More

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1 Answer | Asked in Family Law for Oregon on
Q: My judgement does not specify who drops off our children for their fathers visitation every other weekend.

The judgement does state he is to return them to me. I have helped him out off and on with meeting or picking up or dropping off for the past few years in order to support his relationship with the kids. For the past couple of months I have been meeting him for both drop off and pick up but he is... View More

Joanne Reisman
Joanne Reisman
answered on Jun 5, 2017

Given the pattern of him being inconsistent I suggest you go back to court and explain to the Judge what is going on and ask the Judge to modify your current visitation schedule. It is better to get the parenting plan formally modified then to start making changes on your own that could get you... View More

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: How do I find bank accounts I think my child's parent is trying to hide during a child suppprt/ parenting plan mod.

Going to court to have child suppprt amount adjusted. The other parent has not disclosed their employment on the uniform support declaration. It is a new job they started a couple months ago. Is not reflected on past taxes.

I also believe credit card accounts are not being disclosed.... View More

Joanne Reisman
Joanne Reisman
answered on Jun 4, 2017

There are several ways to get information when involved with a legal matter. The best way to approach this is to consult with an attorney and discuss what methods will be the most efficient and economical. One method is to send a document called a request for production of documents and the... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: Hello. I need to change jurisdiction from FL to OR. How do I do this?

My daughter and I moved here 2 years ago with my ex's permission. He is now threatening to take me back to court so I would like some help in what both our rights are. Thank you very much.

Joanne Reisman
Joanne Reisman
answered on May 31, 2017

The fact that a Florida Court originally heard your case and did the orders about your child's custody isn't critical to whether you can live in Oregon or not. If your husband still lives in Florida the Florida court will normally continue to have jurisdiction over the case and hear any... View More

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1 Answer | Asked in Family Law for Oregon on
Q: My son's mom won't contact him. She makes zero contact. Does this make our joint custody & parenting plan null & void?

We divorced 10 years ago & filled out the pprwork ourselves. We have joint custody (with me having final say). Her parenting time is supposed to be every other weekend & 6 weeks in the summer. She has not followed this plan in over 5 years. She used to occasionally visit him here &... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 31, 2017

You should comply with the court order until the court modifies it or both parents agree in writing to modify it. If you do not believe the current custody and parenting time arrangement is in your child's best interests, and you and the mother cannot agree on a mutually acceptable schedule,... View More

1 Answer | Asked in Family Law and Juvenile Law for Oregon on
Q: I am 17 and wont turn 18 until march 31st my dad kicked me out is there any way I can leave state

My dad kicked me out on April 20th I have been supporting myself I get food stamps and will be receiving my moms death benefits I really wanna go to California for a couple days with my bestfriend and her grandpa am I allowed to do that?

Joanne Reisman
Joanne Reisman
answered on May 30, 2017

I am going to make an educated guess that your dad kicked you out over some type of dispute concerning your behavior and your dad's house rules. My other educated guess is you moved in with your best friend and although you may have a job that earns you some income you aren't truly... View More

1 Answer | Asked in Family Law, Civil Rights and Probate for Oregon on
Q: How do I find out my rights after my fiance died and I live in his home
Joanne Reisman
Joanne Reisman
answered on May 30, 2017

Generally speaking if your fiancee died without putting your name onto his property as part owner and without a will that named you as a beneficiary, you would not have any rights to his property. There can be exceptions if you can prove that you have some rights based on some type of agreed... View More

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: My ex boyfriend took our three year old son from the residence at which we were both residing.

He is refusing to let me see our son and said that we will have to go through the court system. I know this can take weeks but is there anything I can do now? This is in Portland Oregon.

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 30, 2017

You should file a custody/parenting time case and ask the court to enter an immediate temporary protective order of restraint. That order will state that neither parent should disrupt the child's usual contacts with the other parent and that the child's residence should not be changed.... View More

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2 Answers | Asked in Family Law, Civil Rights and Probate for Oregon on
Q: What are my rights being the fiancee of a deceased man..

I lived in his home...children are kicking me out..

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 30, 2017

The answer to your question depends on the terms of the deceased's will. As the deceased's fiancee, you have no legal right to remain in the home if it was in his name alone. You may have a claim based upon your domestic partnership if you can establish there was an agreement between... View More

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2 Answers | Asked in Divorce, Family Law and Probate for Oregon on
Q: Sadly my ex husband has terminal cancer and i discovered he has failed to maintain the life insurance policy

Ordered in Final divorce judgment. We were married 20 yrs and our divorce was final in 2012. He remarried in 2016. Upon his passing do i have a legal right to his estate for the amount the insurance policy would of payed out in the event of his death?

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

The answer depends on the specific language in your divorce judgment. You should contact an attorney right away to review your options, including whether you can make a claim against his estate for the value of the life insurance obligation. If he is remarried and owns all property jointly with... View More

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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I'm wanting to regain physical custody of my 4 year old daughter who currently is living with her father.

1 1/2 years ago I was using illegal drugs and because of my decisions my daughters father requested and was granted an emergency temporary custody order thru the courts. 1 Month after the request he agreed to joint custody and him having physical custody with me having her Friday thru Monday. Since... View More

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

First, you should try to informally increase your parenting time by agreement. If he won't agree to increase your parenting time, then you might propose that your daughter see a therapist to help her with her extreme reactions. Because you have joint legal custody, most therapists will... View More

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: Can I stop my ex-wife from sending long, guilting, manipulative (IMO) emails & texts? Could it be considered harassment?

There was a break for a while, but they've started again after announcing my engagement. It seems as though she's trying to make things difficult between me, my children, and my fiancee. I have my kids half the time and really want to keep things peaceful for their sake, yet also... View More

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

She will construe anything you tell her as your attempt to control her. This is a difficult but common scenario. You have to communicate with each other, but it should be limited to the children and their schedules, school, activities, etc. I suggest you ask her how you could improve your... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Is there anything I can do? URGENT

In 2011, a woman took my daughter & never brought her back, she lied on a temporary guardianship application and was granted guardianship in Oregon. In 2012, she cut off all ties and moved to Idaho. I recently found out that her guardianship ended in 2015 but she still has my daughter?... View More

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

There is obviously more to this than you've indicated so far. Guardianships for minors terminate when the minor is emancipated. The guardianship could be transferred to another state before the minor is emancipated. If the child has resided in Idaho since 2014, you will probably have to... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: My child's father didn't want to be named on her birth certificate when she was born. I want to establish paternity.

Can he file for sole or joint custody, once paternity is established? We moved in together when she was 4 and split a year ago,when she was 15. I have always been the main caregiver, she is developmentally delayed. I am worried he will get joint custody and that could be destabilizing for her.

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 23, 2017

In Oregon, legal custody refers to the parents' decision making authority, not to the time spent with each parent. A parent with sole legal custody would solely make all major decisions regarding a child's health, education and welfare. Parents with joint legal custody would make those... View More

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