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Oregon Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Oregon on
Q: I had to pay child support. My child lived with me from age 16 to 18 and I never modified the order. Child is now 21.

I owe arrears child support and I want a credit for the 2 years I had the child. Can I go back and have it changed so my ex has to pay me child support for the 2 years I had my child and was still being charged child support?

Joanne Reisman
Joanne Reisman
answered on Jun 13, 2019

You can ask Support Enforcement to give you credit for child support you were paying or would have paid during the time your child lived with you. (You might need to hire an Attorney to help you.) You can't go backward and ask your ex to pay for support for that time period. The best you... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Son does not want to go back to other parent

My son is refusing to go to the other parents. Other parent is custodial parent, as Oregon doesn't allow joint unless agreed upon.

Ask the other parent to do mediation with child, other parent refused. Ask for parent to come speak with child they the parent wont but is demanding their... View More

Joanne Reisman
Joanne Reisman
answered on Jun 12, 2019

If the other parent is the custodial parent you have a duty to return the child to them when your parenting time as stated in your parenting plan is done. You don't let the child decide, you put them in the car and drive them home. The other parent doesn't need to mediate with their own... View More

1 Answer | Asked in Family Law for Oregon on
Q: 12yr old son in OR doesn't want to come back home during my visitation. Dad not encouraging.

Can I take him to court even though he is not withholding our child, it's our child who does not want to return? What would be the route to take in court in Oregon?

Joanne Reisman
Joanne Reisman
answered on Jun 11, 2019

Seeing that a minor child participates in court ordered visitation is the responsibility of the parent not the child. Absolutely take the father back to court as it is obvious he is not disciplining your son in a way that insures that you get your visitation.

1 Answer | Asked in Family Law for Oregon on
Q: My ex husband keeps txt me that hes waiving his rights to our 2 daughters. Is there anything I can do?

I have sole custody of our 2 daughters 9 & 10 yrs old. My ex was only granted every other weekend. He picks them up for his scheduled visits but is always txt me that hes waiving his right to them. Can he do that? And if he doesnt file paperwork is there anything I can do.? Its not the 1st or... View More

Joanne Reisman
Joanne Reisman
answered on May 30, 2019

Your ex isn't legally required to exercise his parenting time with his daughters. So if that is the issue and his flakiness is interfering with your ability to plan I would go back to court and get a modification that makes your life easier. For example you can modify the parenting time plan... View More

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: I’m getting a divorce and I have to give my spouse the financials but he keeps giving them back. What do I do?
Joanne Reisman
Joanne Reisman
answered on May 27, 2019

I assume you are referring to the Oregon Statute that lists financial information both spouses in a divorce are required to share. ORS 107.089 https://www.oregonlaws.org/ors/107.089 Once you serve this form on your spouse he is required to give you the documents listed under this statute. You... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can I move with my kids while my ex is in jail?

I have sole legal and physical custody of my kids. Their dad just got 6 months in jail for intimate harrassment and DUI (his 3rd total, he got 2 five years ago). I want to move 5 hours away to be closer to my family where I have more support. Can I do this without his permission?

Joanne Reisman
Joanne Reisman
answered on May 18, 2019

Assuming there is already a court order or judgment giving you custody and laying out a parenting plan (visitation) you need to read that order or judgment and see if there is any language in that document that discusses whether you can move or not. Typically these Judgments will say you... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Signed away my rights to my son as a baby. Now he's 17 and wants contact. His mom is against it. Can he choose?
Joanne Reisman
Joanne Reisman
answered on May 15, 2019

I am going to assume that there is no restraining order that prevents you from having contact with the boy or his mother. Generally speaking there is no law against him contacting you or any other human being on the planet for that matter. However there may be consequences which his mother will... View More

1 Answer | Asked in Family Law and Divorce for Oregon on
Q: Does a spouse have rights to a 401k that was established prior to the marriage?
Joanne Reisman
Joanne Reisman
answered on May 4, 2019

Yes - the marital portion would be the difference between the value before you got married and the value when you get divorced. You would get 1/2 of the marital portion under Oregon's presumption of equal contribution.

1 Answer | Asked in Adoption and Family Law for Oregon on
Q: I was adopted want nothing to do with adopted parents. I have a relationship w/ my biological parent

Want to remove adopted parents from birth cert and put bio parents and change last name to birth last name

Reason for removing adopted parents is adopted farther molested me adopted mother physically abused me i want nothing to do with them or any ties to them. Please help

Joanne Reisman
Joanne Reisman
answered on May 1, 2019

If you are over age 18 and your biological parents consent you could have your biological parents adopt you and that should amend your birth certificate. Check on this with vital statistics but it might work. Just be aware that this could effect any benefits or future inheritance rights you have... View More

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: My aunt passed away and I need to obtain guardianship of my cousin who is 13. No will. No biological father.

Minor was receiving state benefits, don't know how to address social security benefits. He has an adult sibling that agrees with my husband and i having guardianship. Child is not doing well academically.

Joanne Reisman
Joanne Reisman
answered on Apr 15, 2019

You don't need to be appointed Guardian to contact social security and be appointed as the designated payee for the minor's social security benefits. SS will just require you to file a report once a year as to how you used the funds. You mention that the minor also receives state... View More

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1 Answer | Asked in Family Law for Oregon on
Q: Can I move out without my mother’s consent at 17?

I am almost 17 and I’m graduating this year, a year early. I want to move in with my uncle after I graduate but my mom won’t let me. My dad is fine with it but I live with my mom and she has legal custody of us. I live in Oregon. Is there anyway I can move out without her consent and without... View More

Joanne Reisman
Joanne Reisman
answered on Apr 13, 2019

Technically you are a minor with no legal rights until you turn 18. If your uncle facilitates your moving without the consent of your custodial parent he can be charged with the crime of custodial interference. If you leave on your own accords, and stay out of trouble, it is unlikely that the... View More

1 Answer | Asked in Animal / Dog Law, Family Law and Juvenile Law for Oregon on
Q: I recently ranaway, but my family took my dog and went to txs. I thought they were gonna keep him, but they gave him awa

My cps worker decided to give him away and It wasnt his dog to give away and i was not consulted about this before it happened, is there any legal action I can take. Or anyway I can try to get him back, plz this dog means the world to me

Joanne Reisman
Joanne Reisman
answered on Apr 7, 2019

There isn't an easy answer that someone can give you on the internet after just reading a short statement. On the one hand, if you have proof of ownership you might still have rights. On the other hand if you abandoned your dog that might amount to animal neglect and your family or your CPS... View More

1 Answer | Asked in Family Law and Antitrust for Oregon on
Q: what kind of lawyer will i need to represent my interest concerning my mothers last will

i will want a lawyer close to zip 97478

Vincent J. Bernabei
Vincent J. Bernabei
answered on Mar 13, 2019

If your interest in your mother's will is contested, you will need a lawyer who has experience in probate and estate litigation.

1 Answer | Asked in Estate Planning and Family Law for Oregon on
Q: I have a question about will distribution.

I'm the executor of my father's estate.The will states that I have a loan balance that's to be included as an asset of the estate and it's to be included in the distributive share of me,his son.Does this mean it's to be distributed to the other heirs?

Greg Freeze
Greg Freeze
answered on Mar 1, 2019

Let's say that you have two siblings, for a total of three of you. Let's say the estate is worth $90,000 after all creditors have been paid. Without the loan, you would have each received $30,000.

But, let's say that you owed $6,000 to your father. You've said the...
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1 Answer | Asked in Family Law and Probate for Oregon on
Q: can spouse gift jointly owned property that is still in both owners names on deed? the deceased died intestate w/child

father was estranged from mom and child for twenty years forces himself back in the home still married and mom dies a suspicious death. Immediately takes assets and doesnt report her assets in her name only that were substantial at her death. remarries withoutn probating intestate estate who... View More

Greg Freeze
Greg Freeze
answered on Mar 1, 2019

Your question could use a little more clarity, but I will try to fill in the gaps.

If estranged father jointly owned the house with mother (with a right-of-survivorship) then the house can be the father's upon filing a certificate of death in the county where the property resides....
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1 Answer | Asked in Family Law for Oregon on
Q: I have court-ordered parenting plan I have my daughter every other week Thursday to Friday

I lose my Thursdays when my daughter starts school she is 5 Sol to my ex to get back at me for turning her into CPS for something my daughter said can she take my Thursdays from me my daughter has not started school she is still in daycare

Greg Freeze
Greg Freeze
answered on Mar 1, 2019

Before your daughter starts school, you can seek to modify the parenting plan based on a material change in circumstances. It is possible that you can switch to every other weekend. This particular arrangement (every other weekend) is quite common. It's also common to have the parenting... View More

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: I have 50/50 custody of my children. Can I vaccinate my child without my ex's permission, consent or knowledge?
Jessica Larsen
Jessica Larsen
answered on Feb 28, 2019

If you have joint legal custody of your children, legally you cannot make that decision without agreement from your ex. If you have sole legal custody of your children with 50/50 parenting time, you can make any major medical decisions without your ex. If your ex has sole legal custody and you... View More

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1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Civil Rights for Oregon on
Q: If a judge in oregon is presented a restraining order thats from washington Do they have the option to uphold it or not

Mother removed children from oregon. Got restraining order for domestic violence and because children were being abused/neglected. Judge in oregon allowed father to violate order and virbal badger children and mother. Judge gave custody to father because of restraining order.

M. Nicole Clooten
M. Nicole Clooten
answered on Feb 21, 2019

There is a lot of information that is needed to provide a full answer. In general, Oregon restraining orders are only good if there has been abuse of one party by the other. The children are obviously involved, but a restraining order likely wouldn't be upheld if it is based on abuse of the... View More

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Oregon on
Q: why would the opposing party not have to have accounting before the estate is out of trial?

The opposing party is not coming forward with accounting for unknown reasons and has also borrowed money from the estate without approval from the judge. The opposing party also had depleted the estate account and had to open another one giving an updated inventory and is somehow blaming their... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 6, 2019

This is a common and unfortunate scenario when there is no comprehensive estate plan in place. If your mother and father owned their assets jointly while they were both alive, the surviving spouse will own everything when the first spouse dies. There is no estate and no probate for the first... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: If I accept child support does it entitle the father to more visitation rights?

We do not have a court ordered visitation schedule but I limit him to when and where he can see our kids (due to a history of mental illness). If I accept child support that he is offering will he be entitled to standard visitation?

M. Nicole Clooten
M. Nicole Clooten
answered on Feb 1, 2019

The short answer is no. He would have to file with the circuit court to obtain court-ordered visitation.

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