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Daniel S Margolin

Daniel Margolin’s Answers

190 total


  • Do I get my weekends plus 2 weeks of Monday through Sunday during the summer? Or is it only Monday through Friday?

    I was awarded every other weekend during the year, plus 2 - 7 day weeks of visitation during the summer for my 2 kids. My ex is trying to say that I only get m-f not m-su. She isn't willing to "give up her weekends!" She is only willing to give...

    Daniel’s Answer

    You need to have an attorney review the actual parenting plan. Hopefully the parenting plan has enough specificity to make the answer to your question very clear. Usually verbal agreements cannot be enforced. You may be able to utilize county mediation services to work out the dispute.

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  • How can I file a psychological parent petition for custody of my stepdaughter?

    I have been seeking the court to assign my stepdaughter legal representation in a custody dispute. I have physical custody. My husband has full custody, but has been out of the picture since 01/15/2009 due to domestic violence against our own bi...

    Daniel’s Answer

    You need to immediately seek competent legal representation as third party custody cases are very difficult to prove. It is important that you file these papers promptly and correctly.

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  • Will my husband and I ever feel financial relief when it comes to child support?

    My husband shares joint custody with his ex-wife. Two days on, Two days off and every other weekend. She has re-married, he gave her the business, the house and pays all the doctor's bills that are suppose to be split between them and yet still pa...

    Daniel’s Answer

    I would suggest that your husband have a consultation with an attorney. Depending on when the last child support order was entered, he may be able to modify the amount. At the very least he can have an understanding of whether or not he should be paying support and how best to try to make the situation more reasonable.

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  • I received a motion from my ex-wife for post secondary support after child support was terminated.

    I have already had a discussion with my daughter in regards to helping her with college tuition and books. She stated that her mom had said we are all responsible for one third of the cost. I said I would help her with a third of the cost. Then I...

    Daniel’s Answer

    There is information missing from your question that is necessary to answer it. Pursuant to ORS 107.108 your daughter can obtain a support award against you and your ex-wife. You need to meet with an attorney in order to make sure that your ex-wife filed the matter properly and to understand your rights and obligations.

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  • Do I keep my house?

    I purchased my house before I was married, and never put his name on the loan/title. Now 5 yrs into our marriage, he wants a divorce. Do I owe him the equity earned by sharing the living expenses during those 5yrs, or is he entitled to half of th...

    Daniel’s Answer

    Title to the house is only one of the many facts that a court looks at to determine each party's entitlement to house equity. In certain circumstances, you may be able to back out the down payment that you made and/or the pre-marital equity. It is also important to know whether you have minor children that have resided in the home and whether there was any pre-nuptial agreement.

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  • Custodial Parent Alienating Children

    To end our court battle, I agreed to a CO that provides just 3 hrs/wk visitation w/me. The children cannot be forced for visitation & CP cannot be held in contempt. CP has sole custody, which I knew he would abuse. This arrangement has created ...

    Daniel’s Answer

    • Selected as best answer

    Were you represented by an attorney when you made this agreement? How long ago was the agreement made? You can always petition for modification. Modification of the parenting time arrangements can be made based upon what is in the children's best interest. Modification of the custody award is much more difficult as a substantial change in circumstance must be shown.

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  • How do I check to see if I still have full custody of my 12 year old?

    check to see if I have current full custody of my child

    Daniel’s Answer

    A preliminary question is whether the child was ever the subject of a custody proceeding through the court system. Additionally, are you the mother or the father and has paternity been established for the child? ORS 109.175 (1) provides: If paternity of a child born out of wedlock is established pursuant to a petition filed under ORS 109.125 or an order or judgment entered pursuant to ORS 109.124 to 109.230 or ORS 416.400 to 416.465, or if paternity is established by the filing of a voluntary acknowledgment of paternity as provided by ORS 109.070 (1)(e), the parent with physical custody at the time of filing of the petition or the notice under ORS 416.415, or the parent with physical custody at the time of the filing of the voluntary acknowledgment of paternity, has sole legal custody until a court specifically orders otherwise.

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  • What recourse do the children, who inherited a house from their mother, have when their father moves back into the house?

    Parents divorced 2 weeks before mother (custodial parent) died unexpectedly. House left to children (ages 23,17). Dad moved back in. He's helping with mortgage payment but now wants the kids to pay it. He also moved his girlfriend in recently with...

    Daniel’s Answer

    The answer to this question requires further information. An attorney should review the mother's will, the house deed and the divorce judgment. It can be a complicated process to force dad out of the home, but there are both legal and common sense remedies that a lawyer could recommend.

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  • What are my son's rights to say he does not want to visit his dad?

    My 15 year old son is not wanting to stay down with his dad this summer and future summers, for his full six weeks. He would like to come back early to get a summer job, attend football camp, ect. The visitation agreement states he will spend 6 w...

    Daniel’s Answer

    Unless there is a modification of the judgment, you would be in violation and subject to contempt of court if you have your son come home early. Perhaps his father would be more open to the idea via communication from a third party.

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  • Can a steady decline in grades be considered Substantial Change in Circumstances?

    Ex and I stipulated to an agreement a year and a half ago. He is the sole custodian. Since that time, the children's grades have declined steadily. One child's grades are now at a GPA of 1.2. This is for their sophomore year in high school. The...

    Daniel’s Answer

    I would need more facts to properly answer your question. For example, what were the child's grades like at the time of the agreement? What form of stipulated agreement was it; a judgment or just an agreement between the two of you? What specifically has led to the decline in grades from the teachers' perspective?

    Child custody modifications can be very difficult and you would be wise to seek a consultation with an attorney.

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