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Jacob Harris

Jacob Harris’s Answers

16 total


  • How do I handle legally retrieving my personal belongs after being kicked out of my wife's parent's home we both lived in?

    Jacob’s Answer

    1. Yes she -or, more accurately, her parents- can legally do this. It sounds like you both are just visitors on her parent's property, so what they say goes, as you aren't a rent-paying tenants and there doesn't seem to be any sort of contract between you and her parents allowing you to live there.

    2. You may want to consider getting local law enforcement involved to arrange what's called a civil standby, where someone will just help arrange and accompany you to get your things.

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  • How is best to prove relocating out of is in a child’s best interest?

    Jacob’s Answer

    • Selected as best answer

    Hello,

    Obviously relocating is a big deal. Judges understand the impact a move can have on a child- especially a young child. It will help it you can show that both 1: conditions here are NOT good for the child and 2: conditions there are BETTER for the child (it's a bit more complicated than that, but that's the simplified version). For example, one point to argue would be the child's ties to the location you wish to move. You would explain if the child has strong emotional ties to Georgia (family there, support system there, friends there) and that those things don't currently exist here. You could mention schools if the school system there is particularly strong. Emphasize the potential danger that remaining in this area would pose to the child.

    These cases are often referred to as "move away cases" and they can be complicated. I would advise contacting a local family law attorney in your area.

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  • Which should I file, a contempt of court or another parenting time enforcement? I also believe immediate danger is at play,

    Jacob’s Answer

    Hello,

    You could potentially file all three motions, however I would look carefully into what remedy you are seeking, as each of these motions can obtain different results. For example, if you successfully obtain an order finding this person in contempt of court, some jurisdictions say he could potentially face a fine to the court and owe you attorney fees. That would likely not be the case if you obtained an immediate danger order. In other words, it may be useful for you to examine what it is you're seeking to get, and then the answer may become evident. I suggest you speak with a family law attorney in your area.

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  • We've been married for 3months and I want divorce now. We never lived together, no children together, & I don't have her address

    Jacob’s Answer

    Hello,

    This issue for you is going to be locating and serving her. This is a common problem that can be overcome with a little persistence. The general rule is that you can't divorce someone without notifying them, which requires you to serve them (and in most counties that means personal service). The first place I would recommend you look into is a reputable process serving company (ideally one that operates in the county/state she is currently living). For a fee these businesses will locate and serve individuals. However if the person is diligently hiding, you may need to take it a step further and locate her via a private investigator, and then have her served.

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  • Do I follow my final custody order or follow what the judge requested?

    Jacob’s Answer

    Hello,

    I'd be weary of advising any client of mine to go against what the actual judgment says. You run the risk of finding YOURSELF in contempt of a court order when, in fact, it's your opinion that the judgment is just incorrect/incomplete. A better route may be modify/amending the judgment to include the judge's comments. I would begin by requesting the audio transcript of the hearing to be 100% sure that you're correct and that the judgment needs to amended or modified. It would be wise to consult with a local attorney who is familiar with family law procedures in your county.

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  • Can a mental health care provider disclose information, about a 14 yr old, to only one parent in a custody battle, in Oregon st?

    Jacob’s Answer

    Hello,

    Perhaps you can provide a little more information. Have you requested to documentation from the Dr.'s office? You could subpoena the records, or request them from the Mother in a discovery request. In some counties you can get a court order to release these types of records. I recommending contacting a local attorney who is familiar with family law issues in your county.

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  • I am trying to understand child support. My husband and I share custody of our children 50/50.

    Jacob’s Answer

    Hello,

    One of the main differences between child support and spousal support is that the former is based on the State's calculation while the latter is based on an array of factors that help the judge determine what he/she thinks is fair. Oregon's child support calculations are primarily based on which party has the child(ren) most often. Often times when the parties have 50/50 parenting time (which is not the same as joint custody, by the way), the support obligation evens out. That's why a party's child support obligation is subject to change if the parenting plan changes and that party is now seeing the child(ren) more or less often. Hope that helps.

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  • Will a judge allow us to get married without my parents consent here in Oregon??

    Jacob’s Answer

    Hello there. The laws in Oregon say that you need to be years old before you're able to legally married. Otherwise you need the written consent of a parent (or guardian). The only exception is if you don't have a parent or guardian living in Oregon.

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  • Dissolution of marriage?

    Jacob’s Answer

    It depends whether you the Respondent or the Petitioner, and it also depends which documents have already been filed, and which documents the court is still anticipating.

    Generally the only way your divorce will still get finalized with total inaction on your part is if you are the Respondent and the Petitioner is pursuing a default judgment.

    However if you are the Petitioner and the court is still waiting for you to file the required documents then it will dismiss your case after a certain amount of time, at which point you will not be divorced and you will have to initiate the process again with the court if you want to be divorced.

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  • Temporary custody orders?

    Jacob’s Answer

    Hello,

    It's important to differentiate between "custody" and "parenting time." Often clients get confused due to this terminology but the main point is this: custody governs decision making while parenting time is just who sees the child(ren) and how often, when, etc.

    Now, courts don't usually grant TEMPORARY custody orders unless one parent presents some kind of threat to the welfare of the child. In some jurisdictions they are called emergency temporary custody orders. This is different than a general custody order that is the result of a trial or stipulation of the parties. A temporary custody order only lasts until a final judgment is issued by the court. A temporary custody order may also contain a temporary parenting plan.

    To get back to your question, unless the parties agree on a specific parenting plan out of court, the judge will decide a parenting plan for you that is based on the best interest of the child. The judge may consider the routine of the child and availability of the parents when making a parenting plan. Generally a judge will avoid a parenting plan that involves too much back-and-forth transporting of the child, especially very young children.

    These issues are complex. I recommend consulting an experienced family law attorney in your area.

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