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Joanne Reisman

Joanne Reisman’s Answers

1,924 total


  • My son is 16 lives with his mom I have joint custody but his mom won't send him to me for my time can he decide not to come

    My son is 16 lives in another state with his mom but we have joint custody she won't send him to me for my summer parenting time can hey do that even if he says he does not want to come

    Joanne’s Answer

    Typically there is more to this type of situation then just the boy saying he doesn't want to come. It can usually be shown that mom is actively or passively enabling the boy to refuse. In other words, mom has a role in creating this problem. The best thing to do is get the issue back in front of the court that has jurisdiction over the parenting plan. Like my colleagues pointed out, we don't know if your parenting plan is through an Oregon Court or a Court in another state, so we are rather limited on what we can suggest since our knowledge is based on what you can do in an Oregon Court. But most States have a way to bring such problems back in front of a Judge. That's where you need to start.

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  • Im in need of an attorney in a case of child welfare, in the beggining i was told by a state appointed attorney that i had a law

    i have a lawsuit if someone would take a minute to see, they would make a huge amount and make it clear to the public that dhs is croooked and harming chilren

    Joanne’s Answer

    If I understand correctly you already got assistance with a court appointed attorney for the immediate problem with DCS. Now you want to see if you can get damages for some type of improper handling of the case. You will need to pick up the phone and call attorneys that do civil cases and discuss the particular facts of your case, until you find someone that is interested in helping you pursue your claim. The fact that your court appointed attorney senses there may be a claim is encouraging, but does not guarantee that you actually have a viable claim that some private attorney will want to take and champion for you. Still, you should call around and see what you can find. You might want to first ask your court appointed attorney if they can recommend some attorneys in your geographical location that would consider handling this type of case. Good luck.

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  • Will a judge give me majority custody?

    I am the mother of my 5 year old son and my finace just got an interview for a job offer at Boeing in Everett, Washington which will require us to move. I want to take my son with me but I know the father won't approve so I am wondering what my ch...

    Joanne’s Answer

    No one is going to be able to give you and exact answer. Talking to an experienced family law attorney will help you approximate. You can always give it a shot and then change your plans if the move isn't approved by the court. There are just some many factors that go into the court's decision and every judge is different, so part of the decision is subjective based on the Judge. The last time this was discussed at a Family Law Conference that I attended, the attorneys reviewing the cases really couldn't find a bright line why some moves are approved and some aren't. Courts do however want to encourage a relationship with the child and both parents, and that is hard to do over long distances. (Then again, Everett isn't like moving to New Jersey.) Talk to an attorney.

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  • Is it legal for the licensed party of an LLC to remove their partner from the business bank account and business license

    My partner and I started a construction company LLC and it went south. I recently found out he removed my name from the bank account and business license without my knowledge. I was working under his license but an equal partner. How can that happ...

    Joanne’s Answer

    First of all, the police aren't going to get involved in a civil matter, which is all you are really talking about. The legal relationship of business partners are governed by any written document that specifies how the business operates - an operating agreement for an LLC, bylaws for a corporation, partnership agreement for a partnership. The other key ingredient is the percentage of ownership. That could determine the weight each person's vote has if something is voted on, absent some other provision in the operating agreement. Business licenses are really tax revenue devices for the municipality that issues them. What name is on the business license doesn't define the business it is connected to as long as there is a way to link the license to the business at the end of the day so the municipality gets it's tax revenues. For example, Joe Smith may take out a business license for Joe Smith's construction company, but he may operate as a DBA with a different name, ie Joe Smith's Construction Company doing business as Pink Rose Construction. It's all one business entity filing and paying one set of taxes. Now your CCB construction license with the State of Oregon is a whole other ball of wax. If your partner was the contractor on a job, then his license was primary and you were working under it as an employee I suspect, regardless of your business profit sharing arrangements. He may have decided that he doesn't want you working on his crew anymore, which may mean you have to get your own CCB license if you want to bid on and work on jobs yourself. So there may be two different things going on here. One is your ability to work under your partner's CCB license. The other is what your arrangement is as business partners in terms of sharing profits and expenses. I suggest you take copies of all the business paperwork to an attorney and get some help figuring out what your rights are and what you can do to fix any problems. (While you are at it, you might also want to get advice about any potential liabilities you have.)

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  • Is it prejudice & partiality, if a Judge issues opinion & judgment the day before respondent's deadline to file in Divorce Case?

    Deadline to file response for Spousal Support, to my knowledge was 3 Oct 2014, Judge Adkisson in Klamath County Circuit Court (Klamath Falls, OR) issued opinion & judgment on 2 Oct 2014.

    Joanne’s Answer

    Sorry but I really can't answer your question. We just don't know what all the facts are. In a divorce case you have 30 days after you are served a summons and a complaint to respond. I have never heard of a separate deadline just to respond to a request for spousal support. I have no clue why you are using words like prejudice and partiality and I don't know Judge Adkissson since I don't practice in Klamath Falls. I suggest you go see a local attorney asap and get some help figuring out what happened and what you can do about it.

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  • Can a tenant who did improvements on a residential home in lieu of monetary rent file a mechanics lien in oregon?

    We made oral agreement with property owners to provide materials & labor to restore/repair/renovate a residential home (until its done) instead of monthly monetary rent. They were to provide the materials, but any we supplied/repaired & our labor...

    Joanne’s Answer

    You need to contact an attorney that specializes in construction liens. What you have is probably a construction lien. The draw back is an attorney is not likely to help you without payment up front, but you can certainly make a few calls and see what happens. If you do a proper lien, that will hold up the sale of the property and will get their attention. There are specific rules for doing a construction lien that have to be followed so don't try it without the help of an attorney.

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  • Divorce across state.

    My boyfriend is separated from his wife. They have 2 children together, but she has custody and lives in Maryland. He won't be fighting for custody and they have no property together. I'm wondering what the best way for him to go about getting di...

    Joanne’s Answer

    He should file in Maryland if he wants to make sure he has visitation rights with his children. An Oregon court will not have jurisdiction to order anything concerning the children, but Maryland Court can order both the divorce and make orders with respect to the children. He will need to call several lawyers in Maryland to get an idea of what it will cost. He may need to pay travel expenses to appear at a hearing.

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  • Can a seller take back property on my property after going to jail

    Was sold property and seller is trying to get me for abandenment

    Joanne’s Answer

    Sorry - I really don't understand your question enough to answer it. You need to state more details and particularly state what type of property we are talking about.

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  • Custodial parent won't provide medical provider info.

    Our parenting plan stipulates, "Mother will provide Father w/ the names & phone numbers of health care providers for child & thereafter, Father will be responsible for maintaining contact w/ them." My child's mother won't provide this informati...

    Joanne’s Answer

    Why don't you try the easy way first. Contact your child's prior medical providers and see if they have been contacted by any other doctors for copies of the medical records. Often times a new doctor will ask the prior doctor to send over chart notes so they can see what has happened in the past. You might also try going to your child's school and asking to see the school records which should include any physicals or vaccination records that were sent to the school. You can also just ask your child where they go to the doctor when they come to visit.

    If you still need information, you can go to the court and make a motion to modify parenting time just to add a stipulation or order stating that the mother needs to provide you with medical contact information for your child.

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