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Oregon Questions & Answers
Q: What can be filed while dissolution of marriage is pending to allow for exclusive occupancy of the home by mom and kids?
Vincent J. Bernabei's answer
If you have not already done so, you should file a motion for order to show cause for temporary orders, including exclusive occupancy of the residence. This motion should have been filed at the time the divorce action was filed, along with a request for temporary child/spousal support. The status quo order will probably not prevent the father from coming and going to the home. You should consult with an attorney for more specific advice.
If you have not already done so, you should file a motion for order to show cause for temporary orders, including exclusive occupancy of the residence. This motion should have been filed at the time the divorce action was filed, along with a request for temporary child/spousal support. The status quo order will probably not prevent the father from coming and going to the home. You should consult with an attorney for more specific advice.
Q: Indivorce case, her spouse repsonded and now have a mediation date,Is it true only parenting time can be discussed?
Vincent J. Bernabei's answer
Depending on which county your case is filed in, mediation may be limited to custody and parenting time issues. In Clackamas County, the mediators will address financial issues as well, but not in Washington, Multnomah, and Marion counties. As an alternative, you can retain a private mediator who can assist you in resolving all issues in the case.
Depending on which county your case is filed in, mediation may be limited to custody and parenting time issues. In Clackamas County, the mediators will address financial issues as well, but not in Washington, Multnomah, and Marion counties. As an alternative, you can retain a private mediator who can assist you in resolving all issues in the case.
Q: My judgement does not specify who drops off our children for their fathers visitation every other weekend.
Joanne Reisman's answer
Given the pattern of him being inconsistent I suggest you go back to court and explain to the Judge what is going on and ask the Judge to modify your current visitation schedule. It is better to get the parenting plan formally modified then to start making changes on your own that could get you into trouble. It is easy to pick up a form at the courthouse or online that is to file for a modification of the parenting time. I might suggest proposing that the children are picked up and dropped...
Given the pattern of him being inconsistent I suggest you go back to court and explain to the Judge what is going on and ask the Judge to modify your current visitation schedule. It is better to get the parenting plan formally modified then to start making changes on your own that could get you into trouble. It is easy to pick up a form at the courthouse or online that is to file for a modification of the parenting time. I might suggest proposing that the children are picked up and dropped...
Q: 60 year old woman in the Curry County Oregon area has cancer. Can her job be terminated?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Oregon
on
Answered on Jun 5, 2017
Answered on Jun 5, 2017
Mr. Michael O. Stevens' answer
Having cancer in and of itself does not protect a job. That said, it sounds like she thinks the employer is considering or planning on discriminating based on a health condition, which may violate FMLA or ORFMLA (lots of factors as to eligibility and what not). She can find a local attorney, or consider filing a complaint with BOLI's Civil Rights Division so they can investigate. Though, doing the later will certainly get her employer's attention which could lead to retaliation.
Having cancer in and of itself does not protect a job. That said, it sounds like she thinks the employer is considering or planning on discriminating based on a health condition, which may violate FMLA or ORFMLA (lots of factors as to eligibility and what not). She can find a local attorney, or consider filing a complaint with BOLI's Civil Rights Division so they can investigate. Though, doing the later will certainly get her employer's attention which could lead to retaliation.
Q: I am part of a mesh lawsuit for organ prolapse
Mr. Michael O. Stevens' answer
If you do not have your own attorney for this, you should get one. If you do have one, this is a question for them.
If you do not have your own attorney for this, you should get one. If you do have one, this is a question for them.
Q: How do I find Oregon case precedent in Justia for probate court for having a trustee or personal representative removed?
Joanne Reisman's answer
You can either go to the law library in the Multnomah County Courthouse or the law library at Lewis and Clark Law school to do your own research. Start by reading the "Administering Estates in Oregon" CLE handbook, keeping in mind that it can be slightly outdated. Then you will need to read the Oregon Statutes and research the Oregon Case law. Honestly, this what Lawyers go to law school to learn how to do. It would be better to contact a probate lawyer and make an appointment for a single...
You can either go to the law library in the Multnomah County Courthouse or the law library at Lewis and Clark Law school to do your own research. Start by reading the "Administering Estates in Oregon" CLE handbook, keeping in mind that it can be slightly outdated. Then you will need to read the Oregon Statutes and research the Oregon Case law. Honestly, this what Lawyers go to law school to learn how to do. It would be better to contact a probate lawyer and make an appointment for a single...
Q: How do I find bank accounts I think my child's parent is trying to hide during a child suppprt/ parenting plan mod.
Joanne Reisman's answer
There are several ways to get information when involved with a legal matter. The best way to approach this is to consult with an attorney and discuss what methods will be the most efficient and economical. One method is to send a document called a request for production of documents and the request will contain a list of possible types of documents. You have to give the other side 30 days to fulfill the request normally. Then you set a date for a deposition and you question the person...
There are several ways to get information when involved with a legal matter. The best way to approach this is to consult with an attorney and discuss what methods will be the most efficient and economical. One method is to send a document called a request for production of documents and the request will contain a list of possible types of documents. You have to give the other side 30 days to fulfill the request normally. Then you set a date for a deposition and you question the person...
Q: How long does a principal broker have to remove a broker from their website when they have left the company in the state
Joanne Reisman's answer
I don't know but the Oregon Real Estate Licensing Board may have the answer. http://www.oregon.gov/REA/Pages/laws_rules.aspx (There is a phone number that you can use to call them on this page too. I suspect there are ethical rules that realtors and brokers must follow.)
I don't know but the Oregon Real Estate Licensing Board may have the answer. http://www.oregon.gov/REA/Pages/laws_rules.aspx (There is a phone number that you can use to call them on this page too. I suspect there are ethical rules that realtors and brokers must follow.)
Q: If an existing health issue gets worse after a car accident can you sue for that?
Mr. Michael O. Stevens' answer
You can sue for the aggravation to a preexisting condition. The tough part is proving how much worse it is.
You can sue for the aggravation to a preexisting condition. The tough part is proving how much worse it is.
Q: Hello. I need to change jurisdiction from FL to OR. How do I do this?
2 Answers
| Asked
in
Family Law, Child Custody and Child Support
for
Oregon
on
Answered on May 31, 2017
Answered on May 31, 2017
Joanne Reisman's answer
The fact that a Florida Court originally heard your case and did the orders about your child's custody isn't critical to whether you can live in Oregon or not. If your husband still lives in Florida the Florida court will normally continue to have jurisdiction over the case and hear any motions that are filed. This is how the UCCJEA Act would dictate the jurisdiction of the case - usually the first court to rule on custody or parenting time remains the primary court for all related matters....
The fact that a Florida Court originally heard your case and did the orders about your child's custody isn't critical to whether you can live in Oregon or not. If your husband still lives in Florida the Florida court will normally continue to have jurisdiction over the case and hear any motions that are filed. This is how the UCCJEA Act would dictate the jurisdiction of the case - usually the first court to rule on custody or parenting time remains the primary court for all related matters....
Q: My son's mom won't contact him. She makes zero contact. Does this make our joint custody & parenting plan null & void?
Vincent J. Bernabei's answer
You should comply with the court order until the court modifies it or both parents agree in writing to modify it. If you do not believe the current custody and parenting time arrangement is in your child's best interests, and you and the mother cannot agree on a mutually acceptable schedule, you should file a motion to modify with the court.
You should comply with the court order until the court modifies it or both parents agree in writing to modify it. If you do not believe the current custody and parenting time arrangement is in your child's best interests, and you and the mother cannot agree on a mutually acceptable schedule, you should file a motion to modify with the court.
Q: If my parents leave unpaid health care debt are stepchildren held responsible?
Joanne Reisman's answer
ORS 109.010, to the best of my knowledge, only is actionable by the parties mentioned, ie a parent suing a child for support or a representative of the child suing the parent for support. The statute is not a mechanism for a third party creditor to hold the adult child responsible for a debt of the parent. Generally speaking, adult children are not responsible for the debts of their parents.
ORS 109.010, to the best of my knowledge, only is actionable by the parties mentioned, ie a parent suing a child for support or a representative of the child suing the parent for support. The statute is not a mechanism for a third party creditor to hold the adult child responsible for a debt of the parent. Generally speaking, adult children are not responsible for the debts of their parents.
Q: I am 17 and wont turn 18 until march 31st my dad kicked me out is there any way I can leave state
Joanne Reisman's answer
I am going to make an educated guess that your dad kicked you out over some type of dispute concerning your behavior and your dad's house rules. My other educated guess is you moved in with your best friend and although you may have a job that earns you some income you aren't truly supporting yourself which would means being able to rent a place to live entirely on your own, pay for all your food and utilities, buy a car, pay for car insurance, pay for medical insurance, etc. Your situation...
I am going to make an educated guess that your dad kicked you out over some type of dispute concerning your behavior and your dad's house rules. My other educated guess is you moved in with your best friend and although you may have a job that earns you some income you aren't truly supporting yourself which would means being able to rent a place to live entirely on your own, pay for all your food and utilities, buy a car, pay for car insurance, pay for medical insurance, etc. Your situation...
Q: How do I find out my rights after my fiance died and I live in his home
Joanne Reisman's answer
Generally speaking if your fiancee died without putting your name onto his property as part owner and without a will that named you as a beneficiary, you would not have any rights to his property. There can be exceptions if you can prove that you have some rights based on some type of agreed financial arrangement or if you can prove that you paid for something or otherwise contributed to the acquisition of the property. It just gets much hard to prove your rights without something in writing...
Generally speaking if your fiancee died without putting your name onto his property as part owner and without a will that named you as a beneficiary, you would not have any rights to his property. There can be exceptions if you can prove that you have some rights based on some type of agreed financial arrangement or if you can prove that you paid for something or otherwise contributed to the acquisition of the property. It just gets much hard to prove your rights without something in writing...
Q: Child 14 wants to live with Dad in Oregon does not have custody. Lives with mother in Idaho. What would be the next step
Joanne Reisman's answer
I can only answer this based on the assumption that the original Judgment awarding custody was from an Oregon Court. As long as there are no restrictions in the Judgment about the child staying with father, ie the father can only have supervised visitation, then the custodial parent can agree to any type of temporary modification. As long as both parents are in agreement and no one is violating some type of restriction that was put into place out of safety concerns for the child, then...
I can only answer this based on the assumption that the original Judgment awarding custody was from an Oregon Court. As long as there are no restrictions in the Judgment about the child staying with father, ie the father can only have supervised visitation, then the custodial parent can agree to any type of temporary modification. As long as both parents are in agreement and no one is violating some type of restriction that was put into place out of safety concerns for the child, then...
Q: My ex boyfriend took our three year old son from the residence at which we were both residing.
Vincent J. Bernabei's answer
You should file a custody/parenting time case and ask the court to enter an immediate temporary protective order of restraint. That order will state that neither parent should disrupt the child's usual contacts with the other parent and that the child's residence should not be changed. Once father is served, if he doesn't obey the order, he could be held in contempt of court. You will need to move quickly to preserve your legal rights.
You should file a custody/parenting time case and ask the court to enter an immediate temporary protective order of restraint. That order will state that neither parent should disrupt the child's usual contacts with the other parent and that the child's residence should not be changed. Once father is served, if he doesn't obey the order, he could be held in contempt of court. You will need to move quickly to preserve your legal rights.
Q: Can my landlord raise my rent after I request they fix a cracked bathtub? I'm in Oregon.
Mr. Michael O. Stevens' answer
Retaliation is prohibited, but unfortunately it does happen. If you are concerned there will be an issue, best to wait.
Retaliation is prohibited, but unfortunately it does happen. If you are concerned there will be an issue, best to wait.
Q: What are my rights being the fiancee of a deceased man..
Vincent J. Bernabei's answer
The answer to your question depends on the terms of the deceased's will. As the deceased's fiancee, you have no legal right to remain in the home if it was in his name alone. You may have a claim based upon your domestic partnership if you can establish there was an agreement between you and the deceased that you were entitled to share in the home or that he intended to compensate you somehow. Establishing a domestic partnership claim will be extremely difficult, and your best hope may be to...
The answer to your question depends on the terms of the deceased's will. As the deceased's fiancee, you have no legal right to remain in the home if it was in his name alone. You may have a claim based upon your domestic partnership if you can establish there was an agreement between you and the deceased that you were entitled to share in the home or that he intended to compensate you somehow. Establishing a domestic partnership claim will be extremely difficult, and your best hope may be to...
Q: If I signed a lease where there is no smoking an people smoke can I get out of it with out a penalty
Gregory L Abbott's answer
If you have not paid your rent, the odds are you will be evicted. If you want to avoid that, you need to review everything in detail with a landlord-tenant attorney immediately. You are likely to be hard pressed since even if your lease specifies no smoking on the property, that does not necessarily guarantee that the same provision is in everyone else's lease and even if it is, you have no legal right to directly enforce the lease terms against other tenants. You may or may not be able to...
If you have not paid your rent, the odds are you will be evicted. If you want to avoid that, you need to review everything in detail with a landlord-tenant attorney immediately. You are likely to be hard pressed since even if your lease specifies no smoking on the property, that does not necessarily guarantee that the same provision is in everyone else's lease and even if it is, you have no legal right to directly enforce the lease terms against other tenants. You may or may not be able to...
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