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Oregon Family Law Questions & Answers
1 Answer | Asked in Family Law and Animal / Dog Law for Oregon on
Q: who has legal rights to a dog who's owner has passed away?

My best friends boyfriend died while she was in Mexico. His dead beat mother took the dog that they shared (originally his dog) for the last 10 months, as a plea for attention like she's a good person. His grandfather and grandmother know that he would not have wanted his mother to have the... View More

Joanne Reisman
Joanne Reisman
answered on Jan 24, 2017

It is hard to say. The person that bought the dog would have technically been the owner unless it was gifted to someone else. It just sounds like the mother is grieving and took the dog as a way to deal with her grief. If your best friend wants to figure out ownership rights for the dog, she... View More

1 Answer | Asked in Family Law and Juvenile Law for Oregon on
Q: What would happen if i left my house 4 months before turning 18?

I'm 17 and currently living in clackamas county with my aunt and uncle who have league guardianship.

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

Legally, not much would happen. You would be cold and hungry unless you have some place to live and a job. If you are in public school, you can contact a counselor to arrange for free meals and public transportation. I suggest you patiently wait until you are 18, and then you can do whatever you... View More

1 Answer | Asked in Family Law for Oregon on
Q: My son's Father and his attorney have put the wrong child's name on the child support paperwork. Do I need an attorney?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 23, 2017

You may need an attorney if the General Judgment in your case incorrectly identifies the child for whom support is to be paid. First, contact in writing the attorney who made the error, notify the attorney of the error, and let the attorney know a corrected judgment needs to be entered. If that... View More

1 Answer | Asked in Family Law, Domestic Violence and Criminal Law for Oregon on
Q: What can i do if my boyfriends ex wife has made threats to hurt me or my property such as car

Threats have been made indirectly like ... I don't care if I go to jail you know me ...

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

You may be able to get a stalking protective order if your BF's former spouse knows that her contacts are unwanted and there have been two or more unwanted contacts within the past two years that have caused you to fear for your safety. If you haven't already done so, you should notify... View More

2 Answers | Asked in Family Law for Oregon on
Q: Can a written agreement be made as to the ownership of assets (house) in a marriage after the marriage has occurred?

My wife bought the house we live in prior to our marriage and is the only one listed on the mortgage. I want to make sure that no one can come after the house that she owns due to issues from my past. Is that possible?

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

If your wife is the sole owner on the deed and is the only one named on the mortgage, then you have no ownership interest and no responsibility to pay the mortgage. Your past creditors cannot make any claim to your wife's home. I do however, recommend that you and your wife prepare a... View More

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1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Oregon on
Q: Im on probation and just turned 18, my probation says I'm to stay with my mother, what do I do to make it so I can leave

I'm 18 and my probation papers that I signed say I have to stay with my mother until my probation is over but I want to move out. I'm unsure on how to go about un-releasing myself from her and any information would be very helpful

Joanne Reisman
Joanne Reisman
answered on Jan 3, 2017

The terms of probation have nothing to do with your age. If the terms say you are to stay with your mom, then you have to stay there. People on probation may have all sorts of restrictions that they have to abide by. If you have questions talk to your probation officer, but I suspect that the... View More

1 Answer | Asked in Family Law for Oregon on
Q: My question is Why should I pay child support on my daughter If I'm not going to get to see her?

My ex's new husband just got a job in Oklahoma which is over 2000 miles away. Why should I be paying 450 a month for a child I will not be able to afford to see? I cant afford plane tickets back and forth. Not to mention gas rent a car and a hotel If I have to go there.

Joanne Reisman
Joanne Reisman
answered on Dec 27, 2016

Child support is your obligation to support your children. It isn't purchasing time with them. It is your legal obligation to support the children you created imposed on you by the law. So Parenting time (visitation) is a completely separate issue.

There is however the possibility...
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1 Answer | Asked in Family Law, Child Support and Civil Rights for Oregon on
Q: Will my ex finally be put in jail? (Yes if he is jail he isn't making payments. But he's out and not making payments!)

My ex boyfriend doesn't pay child support for our two kids. He is $26,300 in back child support. They come over which is once every 4-6 months. His girlfriend and him try to get me to sign off his back child support. I never say yes, I will never do that. But his girlfriend has 2 children and... View More

Joanne Reisman
Joanne Reisman
answered on Dec 20, 2016

Putting people in jail for not paying child support is not used much if at all any more. There are better ways to get compliance. First of all, you need to make sure that the State is helping you and contacting his employer ad enforcing wage with-holding. Second the State can suspend his... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can my 22 year old daughter take my son take him out of school and register him in Or. without parent consent

She took him without parents permission without court order

Joanne Reisman
Joanne Reisman
answered on Dec 12, 2016

I'm sorry but I don't know enough about the situation to give you a detailed response. I suggest you consult with an attorney in person where you can explain everything.

1 Answer | Asked in Contracts, Divorce, Family Law and Landlord - Tenant for Oregon on
Q: My wife and I own a property in Oregon. It is leased to tenant for 2 years. What are tenants rights if I divorce?

Property is in both wife and my name. I wrote the lease last year under 2 year binding agreement. The divorce is likely going to force sale of house. Can the tenant retain the property until the end of lease agreement? What would need to be done to ensure the tenant is able to fulfill the 2... View More

Joanne Reisman
Joanne Reisman
answered on Dec 8, 2016

One solution is to sell the property subject to the lease. The buyer will simply have to continue the lease until it ends. This will reduce the number of buyers interested in the house and could force you to take a lower sale price.

If you break the lease, the tenant could sue you, but...
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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Im married. Marrage is real rocky and my wife has become very vendictive. Im worried about her setting up to take

Custody battle. I just had a woman come into our house with my wifes consent saying she was interviewing us to be a nielson ratings family but seemed like she was asking the wrong questions and was very nosy with seeing around our house. Could that be a lawyer or investigater of some sort. I know... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 2, 2016

It is unlikely that it was a lawyer who visited, since that would mean the lawyer could be a witness in the case. It is possible the visitor was an investigator. After 32 years of practicing divorce law, I might say that nothing surprises me anymore, but then someone does something I would have... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oregon on
Q: Can I change what I asked for in the modification while we are in mediation?

I filed to modify our child support and visitation in Oregon. Originally I just wanted to add a pick up and drop off time and detail to the visitation we already have set up- because he is always leaving us hanging until the last minute on schedule details. For the child support I simply used the... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 2, 2016

You may amend your modification pleadings to allege the additional claims you have, but you will probably need court permission to do so. This may delay your mediation. If your mediation is through the court system rather than through a private mediator, the mediator may only be authorized to... View More

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for Oregon on
Q: How can I appeal a judgement that modified my sole custody of my 9 ur old daughter. So that I have sole custody again.

Her father has not allowed me to tal to her for the last 2 days. He took away her phone I bought because she sent me text begging me to come and get her and take her home with me. Also sent me messages saying she is nroken hearted without me. She has only lived with me. Never only with her father.... View More

Joanne Reisman
Joanne Reisman
answered on Nov 16, 2016

Without knowing why the judgment was modified in the first place, an attorney isn't really going to be able to answer your question. What I would focus on is helping your daughter transition to living with her father if that is what the court ordered for now, and file to get a parenting plan... View More

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: Does a 30 year relationship ending have the same rights as a married couple? We share 4 children 2 still minors.

We have lived as husband and wife for 30 years.

Joanne Reisman
Joanne Reisman
answered on Nov 14, 2016

This is something you meed to consult an attorney about. The rules with respect to the children are identical whether or not the parents were married. There will be some decision as to custody, parenting time, and child support for the minor children and child support can be ordered for adult... View More

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: My parents divorced about 19 years ago. Divorce decree was not meet by my mother, does father still have a claim?

What is the statue of limitations for divorce judgement where property was suppose to be sold and proceeds split between both parties?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Nov 10, 2016

The answer depends on the actual terms of the judgment. If the judgment provides that property is owned by the parties jointly, then they still own the property jointly. If the judgment provides that one party owes the other money once the property is sold, then the money may still be owed. Your... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oregon on
Q: Can my ex wife withold my children from me if we have 50/50 custody with no child support ordered by judge?

She hasnt let me see them in 4 months. I finally found her new husband online and got her to contact me... im supposed to have the kids every other weekend and she refuses to let me see them. She has completly alienated me and my whole family from them.. what can i do??

Vincent J. Bernabei
Vincent J. Bernabei
answered on Nov 10, 2016

If the custody order was entered in an Oregon court, you should immediately file a motion to enforce parenting time. The court will hold an expedited hearing on your motion. Sanctions for wrongful withholding of parenting time range from make up parenting time for the parenting time missed to... View More

1 Answer | Asked in Family Law for Oregon on
Q: I have been sole caregiver for my 1 year son, bd has visited a few times, not on birth cert can I relocate out of state?

I have been caring for my son his whole year of life, I recieve TANF assistance in oregon, which i believe required me to file for child support. the father has not been around first 6 months he was in jail, now he is around and making things uncomfortable, I want to relocate to missouri for work... View More

Joanne Reisman
Joanne Reisman
answered on Oct 27, 2016

Yes, you would have been required to start the child support process in order to get TANF. As part of the support process, they will have to establish Paternity first. Once that is done they will establish the support.

The support process will not include a determination of which parent...
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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: quistion on custody

my wif and i seperated about 7 years ago we want to try again but in the time she has been gone she has had another child and she has some sort of court agreement that if she leaves the guy she cannot go more than 300 miles from him i like more like 3000 miles from him but he is dangerous and just... View More

Joanne Reisman
Joanne Reisman
answered on Oct 20, 2016

What you are describing doesn't make a whole lot of sense because in the first place if you ahve been married during this entire time, under Oregon Law you would be presumed to be the father of the child although there are exceptions. I can only imagine what a long convoluted set of court... View More

1 Answer | Asked in Family Law, Education Law and Juvenile Law for Oregon on
Q: what if 18 dropped out of high school and will not give me proof of attending online ??

She says she is taking classes on line to graduate but her mom and her refuse to give me the information so I can check to ensure she is despite the fact we have joint custody and is required to. She lied in the past and I found out she failed to do her online school she has not been in school for... View More

Joanne Reisman
Joanne Reisman
answered on Oct 19, 2016

Read the Oregon Statutes regarding child support and a child attending school. You might want to print it out and send her a copy. https://www.oregonlegislature.gov/bills_laws/ors/ors107.html Go to this link and read ORS 107.108. You may also want to read the administrative rules the also... View More

1 Answer | Asked in Family Law for Oregon on
Q: What do you do if she has told the state that she doesn't know who the father is
Joanne Reisman
Joanne Reisman
answered on Oct 11, 2016

If you are the father, you can apply with the state to pay child support and ask them to test you to establish paternity.

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