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Oregon Family Law Questions & Answers
1 Answer | Asked in Family Law for Oregon on
Q: What to do when you know you are the parent of a child and have been seeing it but the other parent now won't let you

The other parent told the state that she does not know who the father is

Joanne Reisman
Joanne Reisman
answered on Oct 11, 2016

You file to establish a parenting time plan that will be ordered by the court. After that, if the parent doesn't allow you to see the child as was ordered, you can take them back to court and the court will enforce the plan. If they continue to disobey the court, then the court could be... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Oregon - If i withdraw my case can the other party ask that I pay his attorney fees for starting the case?

There is no bad intent on my part. It is just too much money to continue for me. The other party is playing games dragging it on and on and it's costing me stress and money to continue. That's their strategy is to bully me to quit and now I just want to withdraw my case against that party.

Joanne Reisman
Joanne Reisman
answered on Oct 8, 2016

A party can't simply ask for attorney fees because you withdraw your case. There has to be some statute or rule that allows the attorney fees. In family law cases, there are statutes that allow attorney fees but the court's have a lot of discretion in whether to award the fees and... View More

1 Answer | Asked in Divorce, Family Law, Tax Law and Civil Litigation for Oregon on
Q: oregon - just found in contempt this year..how can i reverse judge's decision without filing an appeal..no money.

decree had typo or evil X snuck in he gets 2015 exemptions for kids but i took 2015 exemptions on my taxes since i had kids entire year and the federal irs law said i could and IRS was never going to allow X to take it since he didn't have kids in 2015..so X filed contempt and stupid judge... View More

Joanne Reisman
Joanne Reisman
answered on Oct 8, 2016

This has already been asked and answered: https://answers.justia.com/question/2016/10/07/oregon-i-am-poor-where-can-i-file-a-form-212395

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Oregon on
Q: oregon - if i want to sue for over $10,000. is it a complaint or a show cause filing?

can i just draw up a complaint and see if the judge will sign it..the evidence from witnesses are already in the public court audio and paper records from the decree from his admission to cheating or do i have to file a show cause to see if i can get a hearing. i want to sue my X for alienation of... View More

Joanne Reisman
Joanne Reisman
answered on Oct 8, 2016

Your ideas on how to do documents for a lawsuit are all wrong. Judge's don't sign complaints. Also a lawsuit for alienation of affection is no longer recognized by the Oregon Courts. In any case, when it was recognized, it wasn't based on the facts you are describing. Alienation... View More

1 Answer | Asked in Civil Litigation, Family Law and Tax Law for Oregon on
Q: oregon - i am poor. where can i file a formal complaint about a Judge that made an unfair decision against me?

this judge made crazy unfair decision against me and any normal person would be blown away at the judge's decision. There was a typo or Xspouse snuck in decree he gets 2015 exemptions for kids when I had the kids entire 2015. I took 2015 anyways on my taxes. Stupid Judge found me in... View More

Joanne Reisman
Joanne Reisman
answered on Oct 8, 2016

Actually, there is a form you can sign that will give your spouse the dependency exemption for any given year, if other requirements are met. (There is also a form that does a complete transfer of all future exemptions so be careful you don't sign that one.) Normally the IRS rule is that the... View More

1 Answer | Asked in Family Law for Oregon on
Q: In family court, if a child was taken from mother, never been with father, but paternal grandparents now have custody.

Father was no part of child life but resides on property of parents whom just acquired custody of child. Father has own dwelling on parents property. child's mother got into trouble and has brought fathers name up to come to court etc. Does father have to move e from property so child... View More

Joanne Reisman
Joanne Reisman
answered on Oct 1, 2016

If the court allowed the child to live with the paternal grandparents and it is known that father lives nearby, it doesn't seem like the father's presence is a factor that concerns the court, at least not for now. But if father is a problem and the court may eventually become concerned,... View More

1 Answer | Asked in Child Custody, Family Law and Public Benefits for Oregon on
Q: What is the legal age to babysit in Oregon state?
Joanne Reisman
Joanne Reisman
answered on Sep 30, 2016

I don't know if there is a specific law on this but here are some links that lead me to believe that age 14 or older might be safe:

This article says you can't leave a child 10 or younger alone - so that age or younger would not qualify to babysit....
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1 Answer | Asked in Family Law for Oregon on
Q: Our son & wife live by themselves in our house. No rental agreement. She filed for divorce. How do we get her stuff out.

They are only required to pay the mortgage payments. They have been married for 1 year. She is on disability and he is on SSI only. They have shared in paying the mortgage. She filed for divorce and hasn't been living in the house since July. She hasn't been paying her part of the rent... View More

Joanne Reisman
Joanne Reisman
answered on Sep 27, 2016

Your question is confusing. If your son and your daughter are still married then there is no way to identify what is her stuff. It is all marital property. I would leave it to your son to file a response in the divorce case stating what particular personal property should be deemed his... View More

1 Answer | Asked in Family Law for Oregon on
Q: How does back child support work after children turn 18
Vincent J. Bernabei
Vincent J. Bernabei
answered on Jun 6, 2016

The past due child support that accrues before the child reaches age 18 is still owed to the custodial parent. If the state is enforcing the support award, the payor is typically required to pay an additional 20% of the current support award to apply toward the past due support. If all children... View More

1 Answer | Asked in Family Law for Oregon on
Q: I personally terminated spousal support can I get my spousal support reinstated I am no longer employed in oregon.

I have no income and no way to support myself looking for work.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jun 6, 2016

Spousal support, once ordered, can be modified or terminated later based upon a substantial unanticipated change in economic circumstance. If your support was later modified or terminated, you may be able to get the original support award reinstated in Oregon, if the reason for the termination of... View More

1 Answer | Asked in Family Law for Oregon on
Q: where can i find a pro bono lawyer willing to work with me with in custody battle?

i cant afford to pay all that money for any of these lawyers or attorneys ive talked to and im trying to get my son to legally be able to stay with me in OR for the school years instead of in CA with his dad..im not trying to take him away completely i just want to swap the agreement. I deserve to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

Asking for a pro bono attorney is like going to the grocery store and asking for a free cart of groceries. Many attorneys do offer pro bono work, but we do not all have the time to dedicate to such an endeavor since we have families to feed as well.

I would suggest contacting attorneys and...
View More

1 Answer | Asked in Family Law for Oregon on
Q: a child that is 18 and 6 month and a senior in high school will still receive CS until she is 19?

in fall she will start college

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 20, 2016

The answer depends on the wording of the child support order but generally, child support in Oregon continues past age 18 and up to age 21 if the child is over age 18, attending school on at least a half-time basis, is passing, and is working toward a degree. The obligation to pay child support... View More

1 Answer | Asked in Family Law for Oregon on
Q: As the father how do I get full custody if the mother has signed a consent of guardianship to child's grandmother?

Due to the mother signing custodial rights to the grandmother now I'm being taken to court for my consent of guardianship? But since I would not consent to something like that, do I automaticly get full custody since mother has signed away custodial rights

Vincent J. Bernabei
Vincent J. Bernabei
answered on Apr 5, 2016

If there is already a court order for custody, then you should file a motion to modify custody. If there is no court order for custody, then you should file a new action to obtain custody of your child. You should also object to the guardianship proceeding. You don't automatically get full... View More

1 Answer | Asked in Family Law for Oregon on
Q: My ex is willfully defying a court order for me to take custody of our daughter. Can I have her arrested for that?

She has a history of drug addiction, alcohalism, theft and running off with my daughter. this is the second time.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 28, 2016

Police tend to not want to get involved in disputes such as this, unless there is a court order. I would suggest talking with your divorce attorney or the one handling your custody case.

1 Answer | Asked in Family Law and Immigration Law for Oregon on
Q: Hi, I have a question regarding a child passport.

I have joint custody of my son (he is 8) with his paternal grandparents. They want to renew his passport to travel to Florida. However, he lives in Ontario Canada and although I lived there for years, I recently moved back to the US because I can't work etc in Canada. I am not there to sign... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 29, 2016

We have to see the complete agreement before we can advise you on this matter. Just going by the facts you have provided there seems to be no problem with it but there may be something mentioned in the agreement that you have not disclosed here which might cause a problem for you. I suggest talking... View More

1 Answer | Asked in Family Law for Oregon on
Q: Do grandparents in California have any rights if children have been removed from their parents home in Colorado
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 11, 2015

Perhaps. Talk to a Colorado family law attorney.

1 Answer | Asked in Family Law for Oregon on
Q: I have legal non paternal custody ofmy ggranddaughter. What is the best next step to take? Mom is still on drugs.

We have had her since she was 5 weeks old. Mom is still homeless and 3rd child is in state foster care.

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 7, 2015

You have legal custody, right? A court order that your granddaughter is to be in your custody, right? I guess you might think about adoption, and actually go have a full discussion with a local family attorney.

1 Answer | Asked in Family Law for Oregon on
Q: The child is 21 in Pittsburgh support enforcement is threatening to suspend my cdl and refusing to take a payment.

Have not been told by the state I reside in I am suspended what do I do

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 6, 2015

Does the CS order require you to still make payments? If it doesn't, you should start by notifying Pittsburgh support enforcement of that fact. You should also contact an Oregon attorney to determine what you need to do to protect your CDL.

1 Answer | Asked in Family Law for Oregon on
Q: I want to live with my biological father. But I am adopted, is that legal?

I want to live with my biological father. But I am adopted, is that legal? I know in order to unseal my original birth certificate and find out if he truly is my father I would have to get a court order. But would it be legal for me to just live with him?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 4, 2015

Depends. How old are you?

1 Answer | Asked in Family Law for Oregon on
Q: My husband just got temp orders in texas. What happens if I dont return my daughter to texas?

He lives in texas , we live in oregon. He's been abusive in the past so I moved here for safety.

He has admitted under oath to doing drugs and exposing his self to children.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 3, 2015

Only an attorney in TX who has read all relevant documents can answer this.

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