Margaret H Leek Leiberan’s Answers

Margaret H Leek Leiberan

Portland Appeals Lawyer.

Contributor Level 7
  1. Can a person going through divorce date between the time he is served and the court makes it final. He did'nt sign served papers

    Answered about 4 years ago.

    1. Margaret H Leek Leiberan
    2. Chris Burnett
    3. Mark Kramer
    3 lawyer answers

    There is no legal prohibition on dating while a divorce is pending (or for that matter in the middle of a marriage in which no divorce is pending). The only things you legally cannot do until the divorce is final is remarry or enter into a registered same-sex domestic partnership. If there are child custody issues, exposing the child to a new relationship while the divorce is pending can be viewed by a parenting evaluator as the parent putting their needs above those of the child. However,...

    Selected as best answer

  2. My case was dismissed for lack of jurisdiction in the court of appeals, is there anything I can do, or is it all over?

    Answered over 4 years ago.

    1. Margaret H Leek Leiberan
    2. Timothy A. Provis
    3. Karyn T. Missimer
    3 lawyer answers

    An appeal can be dismissed for lack of jurisdiction because a valid, appealable judgment was not issued in the trial court. Sometimes the court issues an order (which may not be appealable) and does not thereafter issue a judgment that would be a final appealable determination of that issue. If this is the basis of the dismissal, you can cure the problem by going back to the trial court and obtaining a judgment. There is likely something in the record from which you can determine the basis of...

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  3. Aunt has physical custody but not legal custody

    Answered almost 4 years ago.

    1. Margaret H Leek Leiberan
    1 lawyer answer

    The Aunt has no right to custody unless she files for custody as a third party caregiver and establishes that for the last six months she has been the children's primary caregiver. Unless your parental rights were terminated or the Aunt has been awarded custody, at this point you have the legal right to custody. However, you do not want to traumatize the boys by putting them in the middle of a confrontation over custody. Talk to the Aunt to see whether she will arrange for an orderly...

  4. Do i need to file custody form with my divorce form if my astranged husband has been abscent for three years and counting?

    Answered about 4 years ago.

    1. Greg Freeze
    2. Margaret H Leek Leiberan
    3. Mark Kramer
    3 lawyer answers

    If you were married when the children were conceived, your husband is the presumed father of the children and has full custody rights even if he is not listed on the birth certificate. I strongly advise you to go forward with a divorce so that you can get a judgment awarding custody to you and, assuming that he does not appear, awarding your husband no parenting time with the children. Until you have this order/judgment your husband has the same custody rights as you to your children. If he...

  5. If you have physical custody can you move with out telling the father if its still in oregon.

    Answered about 4 years ago.

    1. Margaret H Leek Leiberan
    2. Daniel S Margolin
    2 lawyer answers

    No, you cannot move without telling the other parent and letting them know your new address. If you are moving more than 60 miles, you will likely need the permission of the court before you move. Some custody awards actually have mileage limitations that are for fewer miles than this. If you move without the permission of the court, you risk not only being found in contempt of court but also losing custody. Courts will generally only allow the move if they find that it is in the child's...

  6. My Fiancée and I bought a house last september and we have two children. She wants to be done the the relationship what do I do.

    Answered over 4 years ago.

    1. Susanne Marie Feigum
    2. Margaret H Leek Leiberan
    2 lawyer answers

    It is important that you immediately consult with an attorney who has experience in family law cases. Since you are not married there is no issue of spousal support and child support will be defined by the state guidelines. However, the division of property can be complex, espescially if one of you came into the relationship with more property than the other. After an initial consult with a lawyer so that you know your rights and the likely outcome of litigation, you may be able to enter...

  7. What are my options

    Answered over 4 years ago.

    1. Margaret H Leek Leiberan
    1 lawyer answer

    It is impossible to tell from your question what you are really asking. There are forms on line that will help you file for a divorce without the aide of an attorney. You should try searching both under the court of the county in which you live and for forms created by the State courts. Do not use generic forms created for use in any state as they may not be sufficient under Oregon law. There are also low cost legal clinics in some areas of the state that may be able to help you with a...

  8. What does affirmed mean?

    Answered about 4 years ago.

    1. Stephen F Wallace
    2. Margaret H Leek Leiberan
    3. Andrew Daniel Myers
    4. Randy Stuart Kravis
    4 lawyer answers

    Yes, assuming you were the appellant (the one who was trying to change the existing decision). When the appellate court affirms the lower court or agency's decision, you have lost at least that stage of your appeal. Depending on the court system in your state there may be a higher court with discretionary review. In Oregon, Court of Appeals decisions can be reviewed by the Oregon Supreme Court. However, you have to convince the Supreme Court that there is an issue in the case that could...

    1 person marked this answer as helpful

  9. Can you appeal an already court ordered change of domicile?

    Answered almost 4 years ago.

    1. Thomas A. White
    2. Margaret H Leek Leiberan
    2 lawyer answers

    Laws vary state to state. Generally once a judge issues a final order allowing a move, the party is allowed to move. However, the other party has the right to appeal and may be able to get a stay of the judge's order from either the judge who issued it or the appellate court. If a stay is granted you will not be allowed to move until after the appeal is decided. If no stay is issued, you probably can move but may be required to move back if the appellate court overturns the trial court....

If you have lost in the trial court, your case is not over. Call us for a consult.

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