Collin C McKean’s Answers

Collin C McKean

Portland Divorce / Separation Lawyer.

Contributor Level 7
  1. Child Support for Adult Children Attending School

    Answered over 5 years ago.

    1. Collin C McKean
    2. Daniel J DiCicco
    2 lawyer answers

    Generally speaking, a child support order benefiting a child attending school may be modified to require either or both parents to pay support to the child attending school. The child attending school, as well as either parent, may modify the support order through a judicial proceeding or an administrative proceeding to order either or both parents to pay support to the child. Most orders require modification proceedings after the child turns 18 years of age to require the custodial...

    5 people marked this answer as helpful

  2. Under WA and/or OR family law rules can grandparents seek custody or visitation of their grandchildren

    Answered over 4 years ago.

    1. Collin C McKean
    2. Michael William Bugni
    2 lawyer answers

    You are correct, Oregon courts will entertain a request from a grandparent for visitation rights in certain limited circumstances. Currently it would appear that Washington courts have what's referred to as "exclusive, continuing jurisdiction" over the action. Especially in the area of grandparents' rights you should speak with an attorney about the prospects of your request for relief as well as the initial steps you may need to take to address the jurisdictional issues posed by your case.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. How can an American Citizen collect child support from a Canadian Citizen?

    Answered over 6 years ago.

    1. Collin C McKean
    2. Valerie Farris Oman
    2 lawyer answers

    You should request a consultation with a domestic relations attorney (also known as a family law attorney) to answer your several questions in this area.

    1 lawyer agreed with this answer

  4. Can i supinoea a person to a divorce court ?

    Answered over 4 years ago.

    1. Collin C McKean
    1 lawyer answer

    It is possible to use the court's subpoena power to compel a witness to appear in a dissolution matter; however your attempts to compel such a witness will not be entertained by the court unless such witness has testimony relevant to the issues before the court. Be aware before attempting to use the subpoena power of the court that Oregon law states, "The court shall not receive evidence of specific acts of misconduct, excepting where child custody is an issue and such evidence is relevant...

    1 person marked this answer as helpful

  5. Is Multnomah County's (Oregon) mandatory parenting class required for divorcing parents with an 18 year daughter?

    Answered over 4 years ago.

    1. Collin C McKean
    2. Kenneth W McNeil
    2 lawyer answers

    Do divorcing parents of a child 18 years old need to attend the mandatory parent education program? No, because the mandatory parent education program only applies to parties with children under age of 18 years per Multnomah County Supplemental Local Rule 8.125(2). Do divorcing parents of a child 18 years old that is attending school file dissolution paperwork as "divorcing with child" or as "divorcing without child?" Oregon law grants the court authority to provide for the support of the "...

    1 person marked this answer as helpful

  6. My wife let me and my son no papers have been filed i want to move back home to my family with my son(which is in another state

    Answered over 4 years ago.

    1. Collin C McKean
    2. Mark Kramer
    2 lawyer answers

    If your question is whether or not you can move your child's residence from the state of Oregon without giving consideration to your child's relationship with Mother, the answer from a judge will generally be NO, you can not. You should be aware that you potentially face a difficult court case if you attempt to move the child's residence without first obtaining agreement or other clear acquiescence from Mother. There are many possible ways your scenorio could resolve itself. You should...

    1 person marked this answer as helpful

  7. What is the definition of 'thrid party contact'!

    Answered over 4 years ago.

    1. Collin C McKean
    1 lawyer answer

    A typical Family Abuse Prevention Order entered in Oregon will include an order prohibiting the Respondent from "molesting, interfering, or menacing" the Petitioner. Without getting into issues of freedom of speech I would caution that you appear to be treading on thin ice here. Any conduct that would qualify as molesting, interfering, or menacing Petitioner under the ordinary and plain meanings of those words can cause you to be found in violation of the order.

    1 person marked this answer as helpful

  8. Contesting divorce results

    Answered over 5 years ago.

    1. Collin C McKean
    2. Martin M Fisher
    3. Deloise Elizabeth Tritt
    3 lawyer answers

    Although terms of support and custody of joint children are subject to post-judgment modification proceedings, it is a fundamental rule under Oregon law that property division terms in a divorce judgment are unmodifiable. There are very limited exceptions made to this rule in extraordinary cases. I should impress such exceptions are rare and typically focus on the conduct of the benefited spouse. Although it is plausible that you were taken advantage of by your ex-spouse as a result of...

    1 person marked this answer as helpful

  9. Where can i find in oregon law the rights of the full custody parent. Pertaining to choice of religion

    Answered over 4 years ago.

    1. Collin C McKean
    2. Daniel S Margolin
    2 lawyer answers

    Legal custody relates to “the legal relationship between a minor child and the legal custodian, i.e., the person to whom the court has given the primary rights and responsibilities to supervise, care for, and educate the child; usually, that is the person with whom the child lives most of the time.” Ortiz and Ortiz, 310 Or 644, 649 (1990). You will note this is not an Oregon statute, but it is Oregon law. There is no Oregon statute that can be pointed out to you specifically answering your...

  10. My husband and I are no longer married but I am having a hard time seeing our child.

    Answered over 4 years ago.

    1. Thuong-Tri Nguyen
    2. Collin C McKean
    2 lawyer answers

    If a judgment of dissolution of marriage was entered in an Oregon court it should include a parenting plan or language addressing the parties respective rights of access to the children. You should obtain a certified copy of the judgment from the court to review its terms. Your first order of business is to enforce all parenting time as allowed by the judgment. It may also be the case that the parenting plan provided for in the judgment is inadequate and a modification of that schedule...

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