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Oregon Family Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Family Law for Oregon on
Q: Not divorced but wife wants car I bought for her. Car in my name. Is she entitled to it as transportation or should I
Joanne Reisman
Joanne Reisman
answered on May 12, 2017

There is just no way to answer that question with such limited information. When you go through the divorce process the court will evaluate all the property acquired during the marriage (and that includes property you had before the marriage to the extent that the value increased during the... View More

1 Answer | Asked in Family Law for Oregon on
Q: Will a child be taken away from its mother if she abuses drugs while pregnant?
Joanne Reisman
Joanne Reisman
answered on May 12, 2017

The decision to remove a child from the care of a mother is made on a case by case basis. Drug use during and after the pregnancy are certainly factors that could negatively impact the health and welfare of a child and could result in the placement of the child with another parent, a foster... View More

1 Answer | Asked in Family Law and Elder Law for Oregon on
Q: Just curious if charges could be filed against my mothers fiduciary's?

They've stolen from her prior to her doing her walk thru, they have cut off all contact with my husband & I, They are not paying her Avamere bill & we were sent an eviction notice. I could go on.

Joanne Reisman
Joanne Reisman
answered on May 2, 2017

We have no clue what type of fiduciary capacity these people have. If they have been appointed by the court their actions are subject to review by the court and you will need to get an attorney to help you seek such a review. If they aren't court appointed I am afraid we can't guess how... View More

1 Answer | Asked in Family Law, Domestic Violence, Federal Crimes and Juvenile Law for Oregon on
Q: Can my girlfriend file a restraining order against her mother's boyfriend?

My girlfriend (16) is currently living with her mother. Her mother recently got back together with her ex-boyfriend who cheated on her and abused the both of them for years. He also watched my girlfriend change her clothes when she was about 8 years old. He has recently been threatening to hit the... View More

Gregory L Abbott
Gregory L Abbott
answered on May 1, 2017

Your girlfriend may or may not qualify for a restraining order against the boyfriend. If she is living with Mom and her boyfriend, and there are both credible threats of repeat violence she may qualify. One potential problem, though, is that she is underage and would need someone 18 or older to... View More

1 Answer | Asked in Family Law for Oregon on
Q: wha legal rights do i have to info about myhusbands income, health insurance, retirement. \

married for 15 years.. i stayed home ran a dacare and raised my kids whilehe was gone constantly working out of town. now he kicked me out and gave me nothing. no money, no vehicle no place to go and he put a restraining order on me so i cant see my kids

Joanne Reisman
Joanne Reisman
answered on Apr 29, 2017

Once you file something in the court - like a Petition for Divorce or legal separation, you will have an absolute right to demand copies of all financial documents involved in your marriage - even for things that are in his name only. The court house clerk will give you a copy of the mandatory... View More

1 Answer | Asked in Family Law for Oregon on
Q: can my 16 year old live with me at my parents house even though there is a restraining order against me?

my husband filed for restraining order just to keep me away so i wouldnt find out about his girlfriend. i contest it and the judge and my husband decide i can have surpervised visits 3 days a week at my parents home where i am living. my husband then kicks my daughter out of the home. can she live... View More

Joanne Reisman
Joanne Reisman
answered on Apr 28, 2017

You really need to see an attorney to have them interpret the restraining order to make sure that this is OK. You will go to jail if you violate the restraining order. One thing is clear, you can't be alone with your daughter so that could be tricky if you moves in and your parents are there... View More

1 Answer | Asked in Family Law for Oregon on
Q: what can I do if my ex boyfriend toke my kids out of the state

Me and my ex boyfriend never got married and have two kids together on April 3,2017 he took them for the week they were supposed to be back on April 9,2017 he never showed up I called him and no answered so I tried getting a contact of him and when he finally answered he told me that he was not... View More

Joanne Reisman
Joanne Reisman
answered on Apr 19, 2017

The time clock is ticking down. Once the children have been with your boyfriend for six months he will try to file in California for custody. Since this only recently happened you can still file in Oregon for custody and immediately seek a status quo order to order that the children be returned... View More

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Oregon on
Q: Why is it that only a child can inherit a house, not a grandchild who has kept grandparent out of nursing home 2 years?

I have been caregiving for my grandmother for 2 years this July and have thus kept her out of a nursing home. Even when we reach the two year mark she can't transfer the house to me just because of the technicality that I am a granddaughter and not a son or daughter. Her only living child has... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 19, 2017

Who told you this? PROVIDED your grandmother is of sound mind and she WANTS to leave the house to you, she can. If she wants to give the house to charity she can do that too. If she wants to give the house to the local fire department so they can burn it down as a training exercise she could do... View More

1 Answer | Asked in Family Law for Oregon on
Q: i have supervised visits my daughter wants to be with me do i have to make her go home

there is abuse and neglect going on at home and my daughter is 16. My husband 0of 15 years is having affair and just wants me gone and to know nothing about the gf so he kicked me out and got restraining order by using money and power to continue to abuse me. what can i do

Joanne Reisman
Joanne Reisman
answered on Apr 9, 2017

You won't be able to get an in depth response on social media. Make an appointment to talk to an attorney privately in their office where you can go into details about the situation and get advice that is specific to your situation. Any custody or parenting time ordered in a FAPA order can... View More

1 Answer | Asked in Family Law for Oregon on
Q: Ex is getting out of prison and wants visitation

My ex husband is getting out of prison for drugs and domestic abuse (me and his ex after me). He is supposed to get court supervised visitation with our 8 year old upon release. My mom offered to let him visit with his son at her house and supervise the visits. I trust my mom to keep my child... View More

Joanne Reisman
Joanne Reisman
answered on Apr 6, 2017

You may have to investigate what is meant by court supervised visitation in your area. My experience is that there isn't a program that an actual court clerk participates in. Rather there is an approved facility of trained people that provide a secure room where the visitation can take place... View More

1 Answer | Asked in Family Law for Oregon on
Q: Does my exs attorney have to share all information they have about me with me before we go to court?

His father has been absent for the better part of my 10 year old sons life. I have legal custody. Now hes taking me to court and he has an attorney and i dont. Do they have to share any and all information with me before we go to court?

Joanne Reisman
Joanne Reisman
answered on Apr 5, 2017

The strange part of your question is that one would assume you already know about any information that there is that concerns you and your life I think what you want to know is whether they have discovered something that you thought was a secret?

There is a process called discovery where...
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1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Criminal Law for Oregon on
Q: I am 17 and my boyfriend is 20. He got me pregnant and my mom knows it was him she wants to put him in jail can she

I will not tell her it was really him or not but she thinks it was him

Joanne Reisman
Joanne Reisman
answered on Apr 2, 2017

First of all, is she just angry that you are pregnant or does she really want to throw your boyfriend, the father of her grand child, in jail, and possibly have him labeled as a sexual offender for the rest of his life? Maybe she just needs time to process what is going on and calm down.... View More

1 Answer | Asked in Employment Law, Family Law and Employment Discrimination for Oregon on
Q: Good cause

I was recently denied unemployment even after the hearing because I didn't show good cause why I gave two week notice. The employer didn't show up to the hearing. I gave two week notice after my employer told me I need to get a grip on life. I was assaulted and they never gave the police... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 31, 2017

This is a bit confusing, as at the end you say you were fired. Anyway, appeal the decision as outlined in your denial letter. Then be prepared to address the reasons for the denial (not just everything bad the employer did) with actual evidence. For instance, you say you were assaulted at work and... View More

1 Answer | Asked in Family Law for Oregon on
Q: In a court ordered parenting plan is the time stated for transition mean she is to be in our care prior to that time?

I am currently in a custody battle over my step daughter. We have a court ordered parenting plan stating that we have he from Sunday at 4pm- Thursday at 7pm. Her mother is constantly showing up to the transition site at 3:30-3:40 and with holding the child from 1-20 minuets after 4pm. Is there... View More

Joanne Reisman
Joanne Reisman
answered on Mar 26, 2017

"Transition site" = what does that mean? Is this like a McDonalds where mom wants daughter to finish eating before leaving with you? Without knowing the reason for the delay it is hard to comment. "Constantly" - what does that mean? If you are involved in a pending court... View More

1 Answer | Asked in Family Law for Oregon on
Q: what codes can I use to support my objections to a request for Attorney fees and costs if Im a low income father

family law case for parenting time,custody and child support. I'm the respondent from the case.

Joanne Reisman
Joanne Reisman
answered on Mar 23, 2017

Attorney fees and costs are discretionary in most family law cases. You really need to go and talk to an attorney to make sure that your situation involves a discretionary award rather then a mandatory award. It also depends on whether the case is in the early stages where they are just filing a... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Oregon on
Q: I was wondering what are the oregon laws on custody and Visitation when the father uses illegal drugs??

I have photographic evidence of his drug use. Specifically meth and Heroin. I alreadt have temporary sole custody due to abuse. But he is avoiding the server for the protective order.

Joanne Reisman
Joanne Reisman
answered on Mar 22, 2017

Your question doesn't make sense. With respect to custody and parenting time the court generally makes a customized order for each case. Generally speaking you need to keep your child out of any potentially dangerous situation and that includes keeping the child away from a parent who is... View More

1 Answer | Asked in Family Law, Adoption and Native American Law for Oregon on
Q: I also have another question I was adopted when I was two days old to a white family and I'm native American .

My birth mom never told anyone she was pregnant with me and gave birth with me without anyone knowing. I'm one of the oldest in five kids which are all enrolled in the yurok tribe but because my father who is enrolled in the tribe along with all my brothers and sisters. But since I was adopted... View More

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 21, 2017

You will need a DNA tests of yourself and father, birth certificates, and your father's CDIB card to help get this started. You have to work this thru your tribe.

2 Answers | Asked in Family Law and Probate for Oregon on
Q: Is a durable power of attorny the same as a will?
Kenneth V Zichi
Kenneth V Zichi
answered on Mar 20, 2017

No.

But both documents are commonly done together by estate planners. Each document operates at a DIFFERENT TIME than the other as well. PoAs are only effective during your lifetime, Wills only effective after death.

If you have specific questions about YOUR situation, you should...
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1 Answer | Asked in Family Law and Legal Malpractice for Oregon on
Q: My court appointed attorney is married to a CPS caseworker. Isn't that a conflict of interest?
Joanne Reisman
Joanne Reisman
answered on Mar 19, 2017

it shouldn't be. I would only be concerned if the spouse CPS worker was involved in the same case. Every attorney is ethically required to zealously represent their client. It doesn't matter who they are married to. If you feel that this is causing a problem, then you might want to... View More

1 Answer | Asked in Family Law for Oregon on
Q: How does a father that resides in Oregon file for parenting plan of a child residing in Illinois with mother?
Joanne Reisman
Joanne Reisman
answered on Mar 18, 2017

Basically, you first need to first determine what court has jurisdiction to establish custody and a parenting plan. Assuming that it is Illinois, you need to contact an attorney in Illinois and figure out how to file there.

To determine what court in what state has jurisdction, you need...
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