Daniel S Margolin’s Answers

Daniel S Margolin

Portland Divorce / Separation Lawyer.

Contributor Level 12
  1. Personal property

    Answered over 6 years ago.

    1. Daniel S Margolin
    2. Kelly Chang Rickert
    2 lawyer answers

    All assets in a divorce are presumed to be joint. In Oregon, however, proof of premarital assets can rebut the presumption of equal contribution. The question can be murky with regard to a family home, but this depends on more facts than you have provided. More likely than not, he will be entitled to one-half of the appreciation in the property. You should remember that it is very difficult to answer your question without more facts and that entitlement to a share is different than what a...

    2 lawyers agreed with this answer

  2. When a parent files for a temporary emergency custody order, what action is taken to notify the other parent of their intent?

    Answered almost 5 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    There are two forms of emergency custody order. A pre-judgment order (meaning that it is taken out at the time the original custody request is filed with the court) and a post-judgment order (meaning that it is taken at the time a modification is requested). Pre-Judgment orders are governed by ORS 107.097 (3)(a). The statute does not require that notice be provided to the other party. The party requesting the order must be present in court and present an affidavit alleging that the child...

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  3. At what age in Oregon can a child decide which parent to live with

    Answered over 5 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    There is no age at which a child can choose which parent to live with in Oregon. There are, however, a few methods by which a child can have input in the process. 1. An attorney can be appointed for the child. If the child is old enough, the attorney can advocate for the child's wishes; 2. If there is a custody evaluation, the child will be interviewed and the evaluator may take the child's views into account; 3. The child can testify in court. I never have children testify and am...

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  4. Can children awarded custody to another parent at a certain age chose to live with non- custodial parent?

    Answered almost 6 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    Under Oregon law, a child can never determine which parent to live with. That being said, there is statutory authority to appoint a lawyer to represent your children in a modification of custody case. ORS 107.425(6) provides: (6) The court, on its own motion or on the motion of a party, may appoint counsel for the children. However, if requested to do so by one or more of the children, the court shall appoint counsel for the child or children. A reasonable fee for an attorney so appointed...

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  5. Oregon community property and debt laws, if I marry a person that owes back child support, can I also be held responsible

    Answered almost 6 years ago.

    1. Daniel S Margolin
    2. Daniel J DiCicco
    3. Avvo Staff Moderator
    3 lawyer answers

    I would suggest that you have a consultation with an attorney to discuss how entering into a prenuptial agreement can address these sorts of issues. Any judgment against your soon to be spouse would be personal to her, but could affect joint property that you may acquire.

    1 lawyer agreed with this answer

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  6. How can I go about becoming my biological sons custodial parent? It is for an inheretence he received and he is only 9 years old

    Answered over 4 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    You would need to initiate a custody and parenting time proceeding through the courts. Having legal custody will not necessarily accomplish your goals with respect to the inheritance. There may be other ways to accomplish those goals. I suggest that you consult an attorney so that you can best prepare yourself if you are filing for custody and so that you can receive some advice with respect to the inheritance issues.

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  7. Can a 14 year old decide what parent they want to live with

    Answered over 4 years ago.

    1. Daniel S Margolin
    2. Daniel J DiCicco
    2 lawyer answers

    She is not entitled to have any direct input on this issue, but there are ways for her to have her opinion heard. Review the information provided in the link below.

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  8. As a step parent, if the ex spouse got full custody, would my income be considered in support calculations?

    Answered over 4 years ago.

    1. Daniel S Margolin
    2. Mark Kramer
    2 lawyer answers

    Your income should not be considered in computing child support regardless of whether your spouse or the other parent has legal custody. Your parental rights, or lack of parental rights, would not be determined based upon which parent is awarded custody. In order to obtain any form of parental rights, you would need to petition the court pursuant to ORS 109.119. Those cases and these issues are complicated enough that you need to seek the advice of an attorney.

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  9. As a grandparent do I have legal rights to visitation w/o ever having legal custody or guardianship of the grandchildren?

    Answered almost 5 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    Under Oregon law, specifically ORS 109.119, grandparents and other third party have certain rights. In general a biological parent has the right to determine what is in his/her child's best interest, meaning whether or not it is appropriate to visit grandparents. In order for a grandparent to obtain custody and/or visitation rights the grandparent must have proper standing and must be able to show that the presumption in favor of the biological parent should be rebutted. A grandparent can...

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  10. Urgent! My ex has sole legal custody of our nine yr old son. I’m the mother and I have first right of refusal.

    Answered almost 5 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    First, it appears that your ex-spouse is has been violating the terms of the parenting plan and your recourse would be to file for enforcement of the parenting plan. Second, you would need to check with the school and see what he has provided the school in terms of emergency contacts and people your son can be released to. You have the right to consult the school for this information under ORS 107.154: Authority of parent when other parent granted sole custody of child. Unless otherwise...

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