Get free answers to your Family Law legal questions from lawyers in your area.
Initialy had the home sold, she would not agree to sale. She wanted two years to rebuild her credit and buy me out. She signed a lease, she has been late on paying the mortgage the last two months. I would like to just sell the home and finally go our separate ways on this. Can I force her to... View More
answered on Sep 9, 2019
The answer really depends on what your divorce judgment said with respect to the house. If you weren't married then maybe you need to resolve this with a dissolution of a domestic partnership proceeding.
answered on Sep 8, 2019
You are a minor under your parents custody and care until you are age 18. Running away isn't a crime but it is a situation that is a safety concern for the minor child so the authorities can intervene and take the juvenile into protective care. That said, sometimes older children end up... View More
I have my extremely mature and responsible 16 yr old niece watching my kids before school (she will graduate from high school with an associates degree at 18). She gives my son his Adderall which is a controlled substance (she has an exemplary record of administering ADHD meds for 2 years with... View More
answered on Sep 8, 2019
Generally speaking the custodial parent makes the decisions about day to day care of the child and does not need the other parents consent. But I don't know what your custody/parenting time order says so that may or may not follow this general rule. You can always go to court and get a... View More
I get no compensation. I don’t want my dad to get into trouble and get my siblings taken away. I want to know what my options are to get out of my house. Could I move in with a different family member? Would I get in trouble legally for leaving?
answered on Aug 19, 2019
You generally have only two options - let your mother know so she can Petition the court for a change of custody or report that you are being abused to children's services or a school counselor or your doctor. If you report abuse there will be an investigation and you and your siblings could... View More
He is part of a shelter for domestic abuse. His caseworker there apparently told him that adultery can be used against him in court during his custody battle. Is this a legitimate thing? Because I myself have read that adultery cannot be used against him unless it directly affects a decision that... View More
answered on Aug 6, 2019
Adultery has no place in modern law. Adults can have sex with other consenting Adults in private and it is not relevant unless it is somehow detracting from the children getting proper care. But the fact that adults have relationships with other Adults to whom they are not married, alone, is not... View More
Is it legal for father who isnt on birth Certificate to get a DNA test with child without mothers consent or knowing and without a court order. Not upset paternity got established I was just curious as to how someone who isnt on a birth certificate can take a child to get tests done. Really just... View More
answered on Jul 30, 2019
Not sure what your objection is really about. DNA can be tested from a hair sample or a saliva sample so it isn't really that big a deal. Are you upset because this man is the father but you want to suppress this fact so you can cut off his access to the child? Are you upset because this... View More
Mother is 21 and lives in California, parent's are threatening to get custody, dad is 20 lives in Oregon and was told by her aunt that he needed to sign over all his rights to keep her parent's from getting custody.
answered on Jul 23, 2019
I would need a lot more factual background to answer this question. What contact have the parties had with the child? Where is the child currently? Who is the primary caretaker?
I’m amidst a divorce and last weekend (we have a ex parte temporary order of restraint-kids in my custody) he had our daughter for the weekend and our ten month old son he only kept for 1 1/2 hours of his 2. He was sleeping and my daughter answered the door for the 8 am, which was answered at... View More
answered on Jul 23, 2019
This is a tricky situation. On one hand, you do not want to be the parent who is not facilitating a relationship between the child and the father, but if he really wanted his time, he would be more communicative. He needs to be the adult in the situation and make the effort in my opinion. I... View More
Supervised visits until she can get she completely out of her life. My question is on my custody papers am I allowed to move I remember I had check marked a box that said something along the lines of I don’t need to notify the courts or other party if moving more than 60 miles from other parent.... View More
answered on Jul 23, 2019
If the judge did approve that you do not have to give statutory notice, then you do not. The custody order in Oregon is valid in any state. You may want to register it as a foreign judgment in the new state. You would need to contact an attorney in the new state about that paperwork, but it is... View More
We were not married but he is on the birth certificate. She has lived with me and I have taken care of her since she was born. He moved out of my place when our daughter was one year old. He has done so many things that make me so scared and stressed out with him having her alone. I do not know his... View More
answered on Jul 21, 2019
If there is no custody order in place then there is nothing to enforce and he could take her. I would suggest filing for custody immediately alone with a temporary order of restraint (status quo) in order to have a signed parenting time plan. Also, if he is driving drunk with her, there may be a... View More
and he thinks he should wait to establish paternity ect until he is financially stable. I feel that it looks way worse not doing anything, the judge understands that money isn't everything! What do you think?
answered on Jul 16, 2019
If your son wants to have any guaranteed relationship with the child then he should file immediately. The longer he waits and does not have parenting time, the more difficult the argument gets that he should have significant time with the child. Of course, this does open up the liability to pay... View More
Hello,
The father of my child has threatened to keep our daughter from me after his next visitation. He gets parenting time every other Fri 3PM-Sun 6PM. I am wondering if I am allowed to involve the police if he does not return her to me? I have a signed court order with our parenting time... View More
answered on Jul 16, 2019
I would have to see the language in the judgment, but generally a parent is committing custodial interference if they do not abide by the parenting time plan, and the police should get involved, though sometimes you have to petition the court for a writ of assistance. I would advise hiring or at... View More
Is it legal for a 16 year old about to be 17 to date a just turned 23 year old as long as no sexual actions are commited?
answered on Jul 16, 2019
There is no law that restricts the age of people who are dating. The law only restricts sexual relations between adults and minors. However the 16 or 17 year old would be subject to the house rules of their parents so they may not be allowed to date this person for other reasons. Frankly the 23... View More
answered on Jul 8, 2019
Here are the forms for use Statewide in Oregon. You will still need to check on the website of your local county court for any local rules that particular court may have for doing name changes. It never hurts to get an Attorney to help you, especially to make sure that your birth certificate in... View More
I have a 3 year old son whose father wasn't determined until he was 1 years old. When the father learned of him he wanted nothing to do with us. My son is now 3 and half years old and his bio father has suddenly shown an interest in having a relationship with my son. Can I request back child... View More
answered on Jul 6, 2019
Your child support will generally only go back to the date that the support proceeding is initiated but can continue until your child is age 21 if the child stays in school after turning 18, is a full time student, and earns at least a C average. It doesn't matter if the father wants to... View More
Based on my child's comments I am certain that my child is exposed to the non-custodial parent family's excessive alcohol use, drug use, sexual encounters, and emotional and aggressive outbursts directed at family members. Frequently the non-custodial parent is NOT present during the... View More
answered on Jul 6, 2019
You are going to need to at least invest in a one on one consultation with a family law Attorney. Tell the Attorney everything you know and let the Attorney give you feedback on your case. You need to objectiveness of the Attorney as well as their understanding of the law and the rules of... View More
Am I going to get introuble If she decides to call the cops?
answered on Jul 5, 2019
Why in the world can't you just wait until you are 18 when you are legally an adult? If you are in fear for your safety call children's services or the police. But if you are just have relationship issues, deal with them for the next few weeks while you plan what you are going to do... View More
answered on Jun 30, 2019
Her running away is not a criminal act, however if any adults are helping her they could be charged with a variety of crimes. Also I would be very concerned for her safety.
When I was 19 my dad was awarded custody of my.son when he was 3. I got my life together and when my son turned 6 he moved back in with me. He has lived with me for over 2 years now can my dad still take him away from me whenever he wants do I have rights
answered on Jun 18, 2019
It sounds like you are in a good position to Petition the court to return your son to your custody. This would prevent your father from asserting his right to custody which he technically still has since the only court order at present gives him custody. But I want to caution you to speak to an... View More
She left 10 years ago with my 2 kids (one child Im not sure about paternity). I had no idea where she was until yesterday, Now she says she wants support, and that Im going to owe her for the past ten years unless we come to some agreement. We were never married. She is married and living in... View More
answered on Jun 17, 2019
Generally speaking she would only be able to get child support from the date that you are served with papers to establish child support and going forward. That's what normally happens although there may be some exception that I am not aware of. Since this would likely be handled by the child... View More
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