M David Daniel’s Answers

M David Daniel

Salem Family Law Attorney.

Contributor Level 4
  1. How do I and my family obtain visitation of my 1 month old niece?

    Answered over 2 years ago.

    1. Jay Bodzin
    2. M David Daniel
    2 lawyer answers

    I know your are looking for a legal answer to your problem, this situation is one that does not have a legal answer. (In saying that I am presuming that your parents do not have the relationship that would allow them to obtain visitation rights since the infant is only 1 month old) The parents decide who will spend time with their child. Your problem is a family issue, not a legal issue. I know I am sounding like a Dear Abby column in the newspaper, but repairing family bonds is the...

    2 lawyers agreed with this answer

  2. IF MY MOTHER AND I WRITE A HAND WRITTEN TEMPORARY CUSTODY DOCUMENT AND HAVE IT NOTARIZED IS IT LEGALLY BINDING?

    Answered over 2 years ago.

    1. M David Daniel
    2. J Christopher Minor
    2 lawyer answers

    The proper form is a Delegation of Powers of Parent or Guardian. Stevens-Ness sells the form for $1.75. It is form #1478. This form is spscific to Oregon. It is available online or at local resellers. You can find a Hillsboro location online. The delegation is limited to 6 months, although you can then prepare another form. This process is governed by Oregon Revised Statutes ORS 109.056.There are limitations and requirements in the statute that are not set forth in this answer.

    2 lawyers agreed with this answer

  3. WHAT DO I DO IF I DONT HAVE ENOUGH ROOM WHEN FILLING OUT A PETITIONERS TRIAL MEMORANDUM BEFORE I GET TO THE NEXT NUMBER?

    Answered over 2 years ago.

    1. Joanne Reisman
    2. M David Daniel
    2 lawyer answers

    Attach an additional page. Make reference to the additional page in the form. You may also want to call it Exhibit ??, You can look at your court rules to determine how you number exhibits in your jurisdiction.

    2 lawyers agreed with this answer

  4. Should I go with a public defender or hire a criminal lawyer?

    Answered over 2 years ago.

    1. Edward T. Farmer
    2. M David Daniel
    3. Benjamin J Lieberman
    3 lawyer answers

    If you can afford to pay for your own attorney then that is the route you should follow. Two basic reasons. One is that you get to choose who represents you. Second you won't be using resources meant for those unable to afford legal assistance. You should discuss with your attorney what your chances are of being around for your girlfriend and baby. Without knowing the specific facts of your case I will venture to say there is a large range of alternatives you will face.

    3 lawyers agreed with this answer

  5. Family Law

    Answered over 2 years ago.

    1. M David Daniel
    2. Joanne Reisman
    2 lawyer answers

    This answer is based on the limited information provided in the question. The answer is yes. The method is by deed. Your brother deeds the property to himself and you and your siblings not yet on the deed. Most often the tenancy (ownership) of choice is as tenants in common where each person has an equal undivided interest in the property. Note that your brother, assuming the deed is in his name, decides if this will occur. Good will and good family relations determine if this will occur.

    1 lawyer agreed with this answer

  6. What are my rights when a family evaluator is bias?.

    Answered over 2 years ago.

    1. M David Daniel
    1 lawyer answer

    This is a very sticky question. My experience has demonstrated that one, and sometimes both, parties may feel an evaluator is biased. The fact is all people have some sort of bias. A question to ask is what type of bias is it? If there is bias does it effect the ability of the evaluator to draw the right conclusion?. At the end of the evaluation one party is usually upset. Your rights are to either participate in the evaluation or not participate. Both choices have there own consequences....

    1 lawyer agreed with this answer

  7. How can I prove to the IRS that I have been supporting my grandchild?

    Answered over 2 years ago.

    1. Brian S Wayson
    2. M David Daniel
    3. E. Martin Davidoff
    3 lawyer answers

    First and foremost if you plan to continue to care for this child it is important that you establish a legal claim to do so. This can be accomplished, but a custody case is fact dependent beyond the information given in your question. As part of gaining legal custody you can also establish a support order. The IRS does allow someone who is not a parent to claim a child as a dependent. You must qualify to do so. The IRS sets forth the qualifying factors in Publication 504, available online....

    1 lawyer agreed with this answer

  8. Juristriction over my children, can it be changed to my new legal state of residency?

    Answered over 2 years ago.

    1. M David Daniel
    1 lawyer answer

    Without further information I cannot fully answer your question. It is clear that since the initial determination for custody was made in North Carolina the to change jurisdiction to Oregon the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) applies. Oregon can obtain child custody jurisdiction, but North Carolina must first enter an order that they no longer have jurisdiction. This is a simple answer there are a number of requirements in the UCCJEA that must be met for Oregon to...

    1 lawyer agreed with this answer

  9. At what age does a child have the right to choose who they want to live with.

    Answered over 2 years ago.

    1. Jay Bodzin
    2. M David Daniel
    2 lawyer answers

    Age 18 is when children get to choose. They are then adults. Until then parents make their choices. Now telling a teenager what to do is another thing. Your choices: 1) agree with the other parent on where the children will live; 2) go to mediation; 3) move to modify the judgment; 4) don't move. A challenge for you ---- you say the kids are not happy where you live and then you say they are happy kids. Maybe the happiness issue is where to start and an understanding of where and how...

  10. If I have a written agreement to a one time change to visitation how can I keep him from backing out the day of my sons surgery?

    Answered over 2 years ago.

    1. David N Hobson Jr
    2. M David Daniel
    2 lawyer answers

    It is important to read your judgment and check to see if this situation is covered. If the judgment provides for temporary changes does it state the process. For example some judgments include the language that any temporary changes to the the parenting plan shall be in writing signed by both parents. If you are concerned about the father changing his mind then by all means follow the judgment requirements.