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Christopher Palmer

Christopher Palmer’s Answers

157 total


  • Divorced mother w full legal custody. What can I do if the court order involving medical decision making has been violated?

    Our daughter has a medical issue. I have been on top of taking her to doc appointments, seeing specialists and ongoing therapy. I have been very upfront w my ex about it & left the door open for him to be at the appointments as well. He recently b...

    Christopher’s Answer

    I agree with Attorney Bodzin.

    You should start with a letter, both to your ex, as well as to the medical provider.

    Tell ex that any medical decision requires your involvement (so long as that is consistent with the dissolution judgment or other controlling documentation); further, tell medical provider that you have custody and that all releases are to go through you. Medical providers are extremely tight lipped given today's regulations and, quite frankly, I am surprised to hear that such a provider would even speak to a third party without express authorization. If the provider has received authorization from your ex, then he likely made a fraudulent representation that he had authority to make such an authorization.

    That said, your husband may share the information he receives with those he chooses. However, if that third party is causing undue stress on your child's situation, you may wish to limit you ex's ability to share this information by returning to court and asking the court for such relief (it never hurts to ask). Ultimately, this is where you may end up anyway.

    With that, you should check your dissolution judgment; you may be entitled to attorneys fees for purposes of enforcement.

    Good luck and contact a family law attorney in your area immediately to discuss the specifics of your matter.

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  • My son's teacher testified against me at a show cause hearing

    My son's 1st grade teacher testified against me at a show cause hearing. The teacher testified to her own observations that she felt that my son showed but better ready to learn from his mothers house than my house. Since public school teachers...

    Christopher’s Answer

    I respectfully disagree with my colleagues, but provide the caveat that we may also be looking at the question from different angles and have different understandings of the question asked.

    There are state and federal laws that may limit a teacher's ability to testify in a civil proceeding. For example, in Oregon, ORS 40.245 sets forth a School Employee-Student privilege, which may or may not be applicable in your situation. I have attached a link to this section below. You should immediately consult with family law attorney experienced in trial practice to discuss your matter.

    Good luck.

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  • My children's father is keeping me from getting info about school and medical records

    He removed my name from the mailing list and removed my access to MyChart so I can't see doctors notes or visit. He has sole custody. Is he in contempt of the divorce judgment?

    Christopher’s Answer

    After reviewing the answers and the comments, I believe Attorney Bodzin provides you wish sage advice. Good luck to you and don't give up.

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  • Is it legal to use my maiden name instead of my married name Tammy Lee Richards, in Washington State?

    I have used my maiden name throughout the course of my marriage. Is it illegal to use my maiden name without the use of my husband's name? I have done this for years, but now are now residing in Washington State. I have used this on a lease (ho...

    Christopher’s Answer

    If your maiden name is your legal name, then I see no issue. However, if you legally changed your name when you got married, but are still using you maiden name, you may run into issues. Furthermore, and more importantly, it depends on what you are signing and your intent behind using your maiden name. For legal documents, you should use your legal name. For documents that are contractual in nature, your signature (whichever name) indicates intent to enter into the agreement, but if your intent is to mislead a person as to your identity, you should consult a lawyer to understand the risks associated.

    Further, you should consult a Washington attorney, as that is the jurisdiction for which you are asking. Good luck.

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  • ORS. 112.315: Please explain in plain English this statute.

    And apply the case where the surviving ex-spouse lives outside of US. How will this fact affect the Law? Thanks

    Christopher’s Answer

    I agree with Attorney DeBast. I would only add that the fact provided regarding your ex-spouse living outside of the US would have little relevance in general. Of course, consult with a family law attorney or an estate planning attorney for specific advice. Good luck.

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  • Daughter removed from my care by police after 7 years in my custody by bio-mom with an old custody order. What can I do? Help!!!

    My 13 year old daughter was removed from our/her home at 1 am Sat. 2 local officers, an "order of assistance ", and an old custody decree-issued in another county to her bio-mom when she was 2 was all it took. My wife, myself, and 4 children (incl...

    Christopher’s Answer

    You need to seek legal counsel immediately. There are several variables in your case that may affect the outcome and an experienced family law attorney will be able to address each with you during an initial consultation. Good luck.

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  • What things can I focus on to eventually ask for more time with my 6 year old son.

    It is a high conflict divorce with two requests for retraining orders and a stalking order. They were all challenged in court and denied, but she has successfully kept no contact policy in effect for three years. All exchanges the last two years t...

    Christopher’s Answer

    • Selected as best answer

    If you have not done so already, meet with a family law attorney in your area. Oregon public policy is to assure minor children of frequent and continuing contact with parents who have shown the ability to act in the best interest of the child. ORS 107.101(a). Thus, continue exercising your parenting time when provided and don't forget to maintain contact by telephone and/or Skype as appropriate to maintain the relationship. Further, start taking parenting classes. Show that you are willing to make an effort to better yourself for the benefit of your son. Good luck.

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  • I found out i am a father of a Child that i did not know about what should i do?

    I was contacted by DHS in Idaho saying that my girl friend was saying that i was the father of her child. After we broke up she called me and told me she was pregnant and then when i would not get back with her 2 weeks later she told me that she l...

    Christopher’s Answer

    I agree with Attorney Reisman. Contact an Idaho attorney to see what your rights are under Idaho law. In fact, you may wish to find an attorney licensed in both Idaho and Oregon, as there may come a time when Oregon law applies to this matter and using an attorney licensed in both states may save you time and money. Good luck.

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  • Having property out of country divorce inquiry?

    I am an Iranian Lady, I live in the US with a green card. been married for 11 yrs, been seperated for last 5 years. We have a 10 year old son. I had a property in Iran before I got married, then I upgraded it to a newer and bigger house after we ...

    Christopher’s Answer

    I agree with Attorney Gruber and strongly advise speaking with a family law attorney. There are several facts left out from the information provided that could alter any analysis provided on this site. Further, based on the information provided, both domestic and foreign laws may apply. Therefore, I would seek an attorney familiar with both US and Iranian law. I wish you the best of luck.

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  • Would the court allow a child support that both parents agree upon but is not based on the default child support calculator?

    I am going to get a divorce. My spouse and I agreed on a child support number. It is structured differently from the Oregon Child Support guideline though the net result is comparable or slight higher than the number based on Oregon Child Suppor...

    Christopher’s Answer

    The short answers are "yes" and "yes" but you should seek the advice of the family law attorney for a definitive answer.

    In brief, the Oregon Child Support Calculator provides a guideline as to the appropriate amount. As provided in the calculator, the parties can agree to adjust the presumed correct amount by up to 15%. If there are other factors, the amount may be altered even more. Since you have indicated that the number is slightly higher, you should have no trouble. However, the court will want to see to calculation from the worksheet. Of course, additional details may change this analysis and, as mentioned above, you should seek the advice of a family law attorney in your area.

    Good luck.

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