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Oregon Family Law Questions & Answers
1 Answer | Asked in Family Law, Appeals / Appellate Law and Civil Rights for Oregon on
Q: Is it possible to have a court proceeding pertaining to me and me not know?
Tim Akpinar
Tim Akpinar
answered on Oct 6, 2021

An Oregon attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, it is possible, but less likely if the matter involved something requiring personal service (as opposed to service by mail, leaving with a person of suitable age, etc., or other... View More

1 Answer | Asked in Family Law for Oregon on
Q: I'm mother refuses to identify my biological father. Can I take her to court to I.D. him ?

i'm 46 years old

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 10, 2021

Filing a lawsuit against your mother would certainly create awkward times during the holidays. There are other ways to get the information you seek. Get a certified copy of your birth certificate from the state in which you were born. If that doesn't have the information you seek, then... View More

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Oregon on
Q: HELLO , I AM THE MIDDLE SON OF 3 SONS OF A 96 YEAR OLD WASHINGTON COUNTY , OREGON WOMAN .MY MOTHER IS CURRENTLY IN

....HOSPITAL AWAITING PLACEMENT IN AN ASSISTED LIVING FACILITY . MEDICAID PAPERS HAVE BEEN FILED . AM I, AS A SON LEGALLY REQUIRED TO FOOT THE BILL FOR MY MOTHER'S EXTENDED CARE ?

Theressa Hollis
Theressa Hollis
answered on Aug 9, 2021

If your mother qualifies for Medicaid then this program will be paying for your mother's care facility and prescriptions. In general, the family of a person are not legally responsible to pay that person's bills unless the family member signed a contract with the facility, for example.... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: How to do i get my chdren out of an abusive home?

I am in need of legal assistance with my post judgement child custody case. I am in fear for my childrens safety and well being. They currentlyreside with my ex wife and her abusive husband. I have made several attempts to file paperwork myself. I have multiple court documents and supporting... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 23, 2021

I am so sorry to hear of your dilemma. You will need to consult with an attorney in your area to determine whether you have unwittingly undermined your claim by trying to present your claim without legal representation. Generally, whenever there is a motion to modify custody, you as the moving... View More

1 Answer | Asked in Family Law and Domestic Violence for Oregon on
Q: Respondent to RO is trying to bribe me with money to drop RO/not cooperate with DA, is this a violation of the RO?

My ex, a licensed PI, hit me multiple times with my 3 children present in a hotel room in Idaho last month, he ran so no arrest. The DA is pressing charges. I got an RO here in Oregon, he was finally served after he called 911 because he was withdrawing from fentanyl.

I didn't check... View More

Gregory L Abbott
Gregory L Abbott
answered on May 24, 2021

You are likely describing witness tampering - a serious crime. If you go along with it, you may committing a crime as well. Save the texts and show them to the District Attorney immediately.

1 Answer | Asked in Family Law for Oregon on
Q: My ex has a restraining order on me but my 18 year old daughter lives with her and last night she hit her

She left a 6,7 and 10 year old alone to get high and hit my daughter.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 2, 2021

I am sorry to hear of the abuse your children have suffered. You did not ask a question but I hope this helps:

Your 18 year old daughter is an adult and is entitled to make her own decisions regarding where she will live and whether she should obtain a restraining order. She is eligible...
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1 Answer | Asked in Family Law for Oregon on
Q: Can I get child support arrears if the other parent hasn’t been following the agreed upon parenting time?

Two years ago I signed an agreement to share 50/50 parenting time. However, shortly after the agreement and child support order was modified the other parent no longer allowed one of his children to visit due to behavior issues and therefore neither child has been at the other parent’s house for... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 15, 2020

Your question presents a complex and unique situation that cannot be answered here.

Generally, a modification of child custody requires a substantial change of circumstance since the time of the most recent award of custody. Once a person demonstrates a substantial change of...
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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I was served custody paperwork dated 11/16/2010. Is it still valid being dated wrong.
Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 15, 2020

The main purposes of service of legal pleadings (service of process) are (1) to notify a person that there is a court proceeding that may affect his or her legal rights and (2) to give that person an opportunity to contest the claim. If the purposes are met, the service of process is considered... View More

1 Answer | Asked in Family Law for Oregon on
Q: can a lawyer from one county represent a client from where the papers were filed in another county in Oregon?
Tim Akpinar
Tim Akpinar
answered on Nov 30, 2020

An Oregon attorney could answer best, but your post remains open for three weeks. As a GENERAL matter NATIONWIDE, attorneys who are licensed to practice in a state can usually practice throughout the courts of the entire state without county-specific restrictions (other than limitations that may... View More

1 Answer | Asked in Family Law for Oregon on
Q: If parenting plan to move out of state is agreed upon, only if child support is cut. Is that extortion?

My wife and I are trying to move from Oregon to Arizona. We met with her ex (non custodial) parent and he agreed upon a parenting plan but he will only sign if child support is cut in half.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Nov 20, 2020

No. Extortion is a crime that usually involves a threat of physical harm. You have a dispute about child support.

Oregon’s Uniform Child Support Guidelines contain a formula that takes into account the parties’ gross income, the parties’ parenting plan (the overnights), childcare...
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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: How long is the process to petition the court to move out of state if I have joint custody?

I have physical custody and he has her every other weekend and a couple weeks in the summer. He told me he will not allow me to move. Financially this is best for me and educationally right now is best for her.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Nov 3, 2020

Subject to the court's availability during COVID 19, a hearing in most relocation cases can usually be heard within 3-5 months of when Father files his objection to the move. Often, the objection is accompanied by a motion to change custody and/or parenting time. The process usually begins... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can my ex say I'm unfit in custody case cause I'm stay at home mother. I'm remarried and my husband has a great income

Being as I'm able to stay home and school our children would my husband income count as providing for my children. Or for custody would they go off just my income? I know with child support they go off just your income but what about custody and providing for your children when your remarried.... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 16, 2020

One factor that a court may consider in deciding whether to modify child custody is whether a parent is able to provide a secure and stable environment for the children. Your current spouse's income, which allows you to be a stay-at-home mother to your children, could work to your advantage... View More

1 Answer | Asked in Social Security and Family Law for Oregon on
Q: Is it legal for my father’s wife to withhold my social security card?

I moved out of my fathers house to my mom’s when I was 15 and they now have split custody. I haven’t seen him in almost 3 years though because he and his wife are abusive. I am now 17 and I’m looking into getting a job, but I can’t do that without my social security card, and the office... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 13, 2020

Your current legal guardian is the only person who has the right to hold a minor's Social Security card. Anyone else can get in trouble with the federal government for trying to hold on to it.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Oregon on
Q: I want to have my kids more, but my wife refuses.

My wife and I are in getting divorced, neither has filed yet. The girls are with her the majority of the time as I work and she doesn't. I have them every other weekend and friday nights on the weekends I don't have them. I asked her if I could have them more and she refuses. She's... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 8, 2020

The presumed amount of child support in Oregon is based upon the following variables.

1. Each parent's gross income (before tax). If a parent is unemployed or underemployed, the court will determine that parent's potential income or earning capacity based upon that...
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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Is it possible to file a parenting plan modification without an attorney in Oregon due to safety concerns

My ex and his girlfriend who he lives with are being investigated by CPS. There has been domestic violence in the home and heavy drinking. I want to know if there is a way to make it so they cannot stay overnight until this situation is resolved. The behavior has gotten worse and has been going on... View More

Jessica Larsen
Jessica Larsen
answered on Sep 28, 2020

Yes, you can file for a parenting plan modification without an attorney. You will need to locate the forms for a Motion to Show Cause re: Modification of Parenting Time on the court website which you can fill out yourself. If you find them too difficult, you should retain an attorney to assist you.

1 Answer | Asked in Family Law and Domestic Violence for Oregon on
Q: I am under adjust status currently with my pending Family-Based Application. My husband is quite not treating me right.

Since we got married on 2018, he is different when it comes to money. Not only that, but also with respect to me. We have a joint account and he gets all my salary. All of his salary only goes to his debt (which is still not fully paid till now). And now he got laid from his work since April 27 and... View More

Jessica Larsen
Jessica Larsen
answered on Sep 25, 2020

Your question isn't clear from the facts you presented. There is no way you can force your husband to contribute in a more meaningful way to the household. You could seek a divorce, and a lawyer can help you do that.

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Next Step in Child visitation Process

Mother of child took child and moved to Oregon. I am looking to prove paternity and request visitation rights (I currently reside in PA). What is my next step? I don't have any other information on their whereabouts other than currently residing in Oregon. Do I need a PA lawyer or an Oregon... View More

Jessica Larsen
Jessica Larsen
answered on Sep 25, 2020

It is unclear whether you need an Oregon lawyer or a Pennsylvania lawyer. The state where you should litigate depends on how long the child has been out of the state. If it has been less than 6 months, you should speak with a Pennsylvania attorney, who would likely hire an Oregon private... View More

1 Answer | Asked in Family Law for Oregon on
Q: Modifying spousal support in Oregon to indefinite.

I was divorced in 2015. We mutually agreed on spousal support for 5 years. I am permanently disabled under social security. I am seeking a modification to extend support indefinitely. Since my disability was not addressed in the initial divorce would that fall under a change in circumstance or... View More

Jessica Larsen
Jessica Larsen
answered on Sep 25, 2020

Based on the facts you presented, it is unclear if you will be able to modify your spousal support. If you were disabled before the divorce and you agreed to 5 years of spousal support knowing you were disabled, you will likely not be able to change your spousal support. If, however, the disability... View More

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: Son just turned 18 and is at basic for army. Will go to school for ROTC. Can we now pay him directly? Located in Oregon

Ex wife feels she is entitled to that money so we can to know our options

Jessica Larsen
Jessica Larsen
answered on Sep 25, 2020

You should be able to pay support directly to your child. However, if you have an existing support order through the Department of Justice, you should make a request to the DOJ that you would like to change who your payments are made to, and the DOJ can make that change.

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: I am looking to change a child support claim, but the obligee currently resides in another state, what is the procedure?
Jessica Larsen
Jessica Larsen
answered on Sep 25, 2020

If you have a current child support order in Oregon, you can work directly with the Department of Justice by making a written request, or you can motion the court for a modification.

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