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Kenneth W McNeil

Kenneth McNeil’s Answers

15 total


  • When filing to amend visitation schedule from joint custody to sole custody, once I file, am I able to keep custody til hearing?

    My 12 year old is shared between myself and my ex-husband jointly. I have 4 days a week and his father has 3 days. I have 51% physical custody in the divorce, even though I have them actually a bit more than that. My 12 year old is adamant that he...

    Kenneth’s Answer

    Simply filing for a modification of custody and parenting time does not change the existing judgment. Also, since you are asking for a modification you cannot usually get a temporary order. The only exception is if you have grounds for emergency temporary custody, but you would need evidence of abuse and/or neglect to prevail on that. If this is a Washington County matter, then when you file for a modification the Judge will also require you to file a motion and order for mediation. If mediation is unsuccessful, then both sides will eventually have an opportunity to tell the Judge what they believe is in the child's best interests and the Judge will make the decision.

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  • Could I be required to maintain a residence in Oregon to have parenting time with my son?

    I have not had contact with my child in almost 4 years, am a truck driver with no permanent residence of my own, but have family in Arizona that I can stay with. My wife is requesting that, because I do not have a residence of my own, I establish...

    Kenneth’s Answer

    I agree with attorney Bodzin. However, the Judge will also be interested in knowing if the reason for your four year absence is due to you, your ex, or both. If your ex is to blame, then you might have more options avaiable to you. Ultimately, though, the Judge will decide what is in the child's best interests and the reason for the four year lack of contact will be one of the main factors the Judge considers.

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  • Custody case lawyer that has a contingency fee?

    Ongoing custody battle he was put i prison for abusing me. is out now, and hasnt show any interst in his daughter now 4yrs. applying for a motion to have him not see her til she's 9yrs.. he has an attourney... I need one and am broke

    Kenneth’s Answer

    Because there is a history of domestic violence, you should contact the Yamhill County branch office of Legal Aid Services of Oregon at (503) 472-9561 to see if they can help you. They may be able to provide free or very low cost counsel to represent you. You should contact them right away!

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  • Is not attending court ordered mediation in family law considered contempt of court?

    My ex has advised me that he will not attend mediation that was ordered by the judge. Once I attend mediation, they will wait 15 minutes for him to arrive and then reschedule for the following week. I intend to email his lawyer with the new appo...

    Kenneth’s Answer

    I presume this is a Washington County matter. The Order for mediation instructs both parties when and where to appear for mediation orientation. Did you appear for orientation at the appropriate time? If you did, you should make one more attempt but make sure to give your ex's attorney reasonable notice (at least one week) of your next appearance. If your ex still doesn't show up, ask the mediation officials for something in writing that shows you were at orientation. Keep all of your paperwork and present it to the Judge at your next hearing. Unless your ex obtains a waiver to attend mediation, the Judge will likely either proceed with your hearing without giving your ex's position much weight or the Judge will postpone the proceeding and give your ex stern instructions to immediately attending mediation or risk losing at the hearing.

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  • Im looking a low income attorney to help me with spoucel support

    I was married for 16 years, I have received 4 years spoucel support. Am I intitled to more ?

    Kenneth’s Answer

    You should definitely contact the St. Andrews Legal Clinic in Portland (although they also have offices in Hillsboro and Oregon City) . They only practice family law, and they have a sliding fee scale based on a person's income. You can learn more about them at www.salcgroup.org.

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  • I have a warrant can i still get get a marriage lic??

    all i want to know is if i can still get a lic

    Kenneth’s Answer

    Sure, you can still get a marriage license. However, maybe you should concentrate on clearing your warrant first so you are not spending your honeymoon in jail.

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  • Child custody..

    I have a 15 year old, who I have full custody of. We haven't heard anything from her dad for the past 7 years and all of a sudden he called and said he hired an attorney to modify my current custody. He has never been a part of my daughter's life-...

    Kenneth’s Answer

    There is a difference between custody and parenting time. Custody refers to your ability to make decisions regarding your daughter. Unless you are an unfit parent, you do not need to worry too much about losing custody. Parenting time refers to the amount of time each parent spends with the child, and any rules that might go along with that time. Parenting time can be modified if it is in the child's best interests. Parenting time can be as little as one hour or as much as 50% of the time. Your daughter might benefit by getting to know her father (probably slowly and cautiously at first), but maybe not.

    You should think about what is in your child's best interests (that's what a judge will do), and pursue that goal accordingly. Of course, consulting with an attorney who specializes in family law would be a very good idea.

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  • Rules and guidelines for Annulment in state of Oregon

    Married april 29,2009 seperated July 23, 2009 is this marraige able to be annuled. Spouse is not a United States citizen and the marraige is not in my spouses legal last name.

    Kenneth’s Answer

    There are strict rules about getting an annulment in Oregon. They are outlined in the following Oregon statute:

    ORS 107.015 Grounds for annulment or dissolution of marriage.
    (1) Except as provided in subsection (2) of this section, a judgment for the annulment or dissolution of a marriage may be rendered:
    (a) When either party to the marriage was incapable of making the marriage contract or consenting to the marriage for want of legal age or sufficient understanding; or
    (b) When the consent of either party was obtained by force or fraud.
    (2) A judgment for the annulment or dissolution of a marriage may not be rendered for a reason described in subsection (1) of this section if the marriage contract was afterward ratified.

    So, the only reasons for obtaining an annulment are: being too young (under 18) to consent, mental deficiency (includes extreme intoxication) at the time of consenting, consent by force, and/or consent by fraud. There is no condition regarding the duration of the marriage. However, if both parties stipulate that the marriage occurred for any of the above reasons, the court may not question it. I have seen cases where one or both parties allege fraud, and if no one objects, the annulment is granted.

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  • Theft misdemenenor expungement?

    I would like to have my record expunged, but I am not sure how long I have to wait. I plead guilty to 2 charges of theft for one incident in exchange for not getting a felony charge. Do I now have to wait ten years or would I be eligible to have m...

    Kenneth’s Answer

    Robert is correct. If you did plead guilty to two counts of misdemeanor theft, Oregon's current expungment statutes say you are not elligble for expungment until 10 years has passed from the date of your sentencing. You also need to successfully complete all of the terms of your probation. Also, if you pick up any other convictions, the 10 year clock starts over. You also cannot have any pending matters at the time you apply. Oregon's expungment statutes are occasionally revised by the legislature, so you might want to check with a lawyer every other year or so to see if a change occurred that will cut down your waiting time.

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  • Can one try to get divorced settlement changed after divorce is final?

    A woman agreed to divorce terms partly from not understanding the ramifications, partly from fear/need to get out of abusive relationship, and partly because ex promised things to her if she just did not use an attorney and agreed to his terms. No...

    Kenneth’s Answer

    If the divorce and final divorce judgment or decree occurred in the Florida, you will need to consult with a family law attorney licensed to practice in Florida. If the divorce judgment was finalized in Oregon, you may have remedies available to possibly void the judgment or hold your ex accountable.

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