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Shannon L. Hall
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Shannon Hall’s Answers

384 total


  • What happens with parenting time in a Post Judgment Status Quo order?

    My child's father and I have a supplemental judgment awarding him four one-week blocks of time with our child each year, each block to be separated by at least two days in which our child will be in my care. I am the custodial parent. My child's f...

    Shannon’s Answer

    A post-judgment status quo motion would give you the opportunity to ask the court to "freeze" the child's routine, schedule, and normal parenting time (among other things) that is occurring at the time the motion is filed. If the judgment plan is not being followed, it will not be the status quo. However, these post-judgment motions are not immediately in effect. There must be a hearing first to determine what the status quo is/was at the time of filing. You should consult with an attorney privately to discuss your case specifics.

    ORS 107.138(3) includes these definitions: (a) “Child’s usual place of residence” means the place where the child is living at the time the motion for the temporary order is filed and has lived continuously for a period of three consecutive months, excluding any periods of time during which the noncustodial parent did exercise, or would otherwise have exercised, parenting time.

    (b) “Parent’s usual contact and parenting time,” “present placement and daily schedule of the child” and “current schedule and daily routine of the child” mean the contact, parenting time, placement, schedule and routine at the time the motion for the temporary order is filed.

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  • Does she have a real chance at winning FULL physical custody? What would she have to prove for the judge to change the agreement

    I currently have an agreement with my ex-wife regarding our children. I live in one state and she lives in another (over 500 miles away) We have 3 kids (9, 11 & 13) and for the last 5+ years they have rotated between the two of us, year on and yea...

    Shannon’s Answer

    Often Judges will allow something if both parents agree to it. It is incredibly unlikely that a judge is going to continue a year-on/off or even 6 months on/off schedule if both parents don't agree. That type of schedule seems very disruptive to stability for children. You should take your last Judgment, along with any proof you have of physical violence in the mother's household, to an attorney for a consultation right away.

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  • Why did a no contact order get filled and how do I get it removed?

    My boyfriend got arrested for a theft crime . he got theft 1 an 2 banking into a car. I got a theft by receiving and haven't gone to my court date yet. He's still locked away and they filled one yesterday. So my question is how can I get it remov...

    Shannon’s Answer

    It sounds like you may be co-defendants in criminal proceedings - so that is likely why you are to have no contact with each other. I have "tagged" the criminal defense category so those attorneys can respond to your question.

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  • Can I start a custody case in Oregon when my baby is in California with his dad?

    I raised my son for almost two years while in high school, now I moved to Oregon to start a new life, I left my son with his dad because we decided to take turns, now he doesn't want me to have joint custody because I live with my new boyfriend. C...

    Shannon’s Answer

    It sounds like your son has always lived in California. If that is accurate, the case will need to be filed in California. You should consult with an attorney who is licensed in that state right away to determine what rights and options you have.

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  • What would a judge think if I asked for a change in custody and to give me a school year to see if I can help my son

    Okay so my 11 year old is doing very poorly in school. He isn't turning in homework, this has been an on going with his father not making him do it. I want to ask our judge for a chance to help my son suceed... I want to ask her to give me a schoo...

    Shannon’s Answer

    The answer to that question is going to depend a lot on the details of your case. I can't think of a reason why you would be considered a bad parent for wanting your son to succeed in school. You should consult with an attorney privately to discuss the specifics of your case and your best options moving forward.

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  • What can I do to enforce my parenting time

    Last year my ex bf and I came to an agreement during our custody battle. We have joint legal and physical custody and neither of us is considered primary. One of the provisions in the agreement however stated that I couldn't work in an exotic danc...

    Shannon’s Answer

    When you say you filed to modify that provision and it was allowed but you are waiting for a response, I assume you mean a "show cause order" was signed. If there is a case pending you may be able to get a court to address the issue of seeing your kids in the meantime by filing certain motions or requesting a status conference. You should consult with an attorney right away before too much time passes without seeing your kids.

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  • For divorce how long is the procedure?

    My wife does not want to give me the divorce but we fight constantly and she has kicked me out more than once. She's not willing to give me the divorce. What can I do.

    Shannon’s Answer

    You can file a Petition for divorce. Oregon is a no fault state, and you do not need her agreement to seek the divorce. You should consult with an attorney privately to discuss how long it might take for you based on your specific circumstances.

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  • Divorce and custody, is it possible to settle out side of court?

    my husband wants a divorce, we have a minor child. He has expressed to me that he doesn't want to go to court and that if i get the divorce paper work he will just sign them. We have a minor child which he has no interest in having custody of woul...

    Shannon’s Answer

    • Selected as best answer

    Yes, you can and that is the preferred way to handle things. It is better for you and your child if the parents can agree. The court still has to approve the agreement but that is pretty routine usually and you would not have to set foot in a courtroom with most settled cases. In Marion county you will still need to attend the court mandated parent education course. The process can be fairly quick once you have figured out what the agreement will be. You should contact an attorney to help You through the process. There is a lot of paperwork.

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  • I am in the process of divorcing my wife, she has not responded.

    I was emailed by a lawyer that my wife has spoken to, he has not been retained by my wife, but has given me notice not to request a default judgment without first providing her and the court 10 days official written notice of your intent to do so ...

    Shannon’s Answer

    No you cannot proceed with a default under those circumstances. You have to give an additional 10 days written notice. It sounds like there are some complexities involved here so you really should consult with an attorney before doing anything further.

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  • Is it illegal to get a divorce "on paper" for financial reasons and still stay/live together?

    Say everything was in the wife's name and they defaulted and were getting sued right and left. Now they are still together and are buying cars, remodeling their house etc. etc. Is it illegal and would anyone even be bothered to pursue it?

    Shannon’s Answer

    When you file for divorce in Oregon you have to state that there are "irreconcilable differences that have caused the irremediable breakdown of your marriage." People can certainly change their minds or work things out later, but I would never advise someone to make a false statement in a court pleading if you do not meet the standard for divorce (irreconcilable differences). Whether the District Attorney would bother to pursue it? I doubt it, but you never know. A divorce may not necessarily resolve this, anyway. Just because the debts are in one parties' name does NOT mean the other can't be ordered to be responsible for any of them in a divorce. Perhaps you should talk to a bankruptcy lawyer about your options with regard to the debts being pursued.

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