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Daniel S Margolin
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Daniel Margolin’s Answers

190 total


  • My fiance' and I are wanting to get full custody of my 4 year old child. How can he become the legal parent of my child?

    I want it so I don't have to worry about receiving child support and that I can have my son's last name legally changed to his when he is adopted by him. My fiance' is more of a dad to him than his own biological father. We also plan on moving out...

    Daniel’s Answer

    The only way that this can be done is via a step-parent adoption. You need to discuss the matter with an experienced family law attorney.

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  • Upon receiving divorce papers do i need to sign them in front of a notary before sending them back?

    this is a simple divorce,nothing contested.

    Daniel’s Answer

    That depends on if there is a notary block by your signature. Generally a stipulated judgment should be signed in front of a notary, in my opinion.

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  • My ex-husband is court ordered to pay alimony starting june 1st. still havent got it what do i do?

    My ex was suppose to pay his first alimony payment on June 1st still have no recieved it. Alimony is my only source of income how do i get him to pay?

    Daniel’s Answer

    Your legal form of recourse would be to file for contempt against him. You should speak with an attorney to make sure that this is your best course of action.

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  • What if the father doesnt want to set visitation date-want to call when every he want to see her-

    the father doesnt want anyone telling him what days- he want when every I feel like seeing her- he goes 10 or more days wth out see her or call to check on her- then he want my daughter to let him taking her -he has no supplies for the baby -carel...

    Daniel’s Answer

    You need to have a custody and parenting judgment put in place if this level of flexibility is upsetting to you. Please seek a consultation with an attorney in order to better understand your rights.

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  • Can i get full custody of my child if i dont know who the father is?

    Dont know who the father is, so i was wondering if i could get full custody without know who the father is? Just in case they come looking at try to get custody.

    Daniel’s Answer

    When paternity is established in a filiation proceeding under ORS 109.125 or through an administrative proceeding under ORS 416.430, the parent who had physical custody of the child when the proceeding was commenced has “sole legal custody” by operation of law, without the need for specific court action or ruling, until a court specifically orders otherwise. The same is true prior to any proceeding being established. It is unclear from the facts in your question as to whether or not paternity was established and whether or not there has even been any judicial determination of custody. You should meet with a qualified attorney to discuss this matter.

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  • How do you recover cars after they have been put in someone else name after a divorce

    my ex took them in the middle of divorce so i could not get the courts gave them back to me

    Daniel’s Answer

    The Divorce judgment should have awarded the cars to either yourself or your ex. If he/she transferred them to a third party during the divorce and they were not divided by the court then other issues may be raised. You do not provide enough information to provide a detailed opinion. I suggest that you obtain a consultation with an attorney.

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  • I am filing for full custody of my 12yr old daughter. Did some research on the Parental Alienation Syndrome. I believe that i

    I believe that my ex and i fall under the PAS. My daughter goes to her fathers a few timesva week. Everytime she comes home she is angry and distant with me. It doesnt take her long to be back to her loving self. He will refuse to talk to me. l ...

    Daniel’s Answer

    Child custody cases are very fact specific. The court looks at the following factors in making its determination, as provided in ORS 107.137:
    (a) The emotional ties between the child and other family members;
    (b) The interest of the parties in and attitude toward the child;
    (c) The desirability of continuing an existing relationship;
    (d) The abuse of one parent by the other;
    (e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and
    (f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

    No factor is taken apart from the others and the court bases its decision on the best interest of the children. The facts in your question would be relevant to factor (f).

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  • Can my child restart child support after declining it when he turned 18?

    I had been paying child support and when my child turned 18 he declined to continue receiving the payments. It's been 6 months and now he is thinking of restarting the support when he goes to college at the end of summer. Can he do this? I was lai...

    Daniel’s Answer

    Yes. Provided that he meets the requirements of ORS 107.108. The more important question is how much support would be owed and by whom.

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  • Can I move with my daughter?

    I have joint custody with my ex of our 12 year old daughter, but I am the custodial parent. My daughter lives with me roughly 75% of the time. I have been accepted into a University which is about 160 miles from where we live now. My question is: ...

    Daniel’s Answer

    Relocation cases are very difficult. The current trend is against allowing relocation. An important fact that you highlight is that the current parenting plan can be maintained. You will need to be able to prove that the move is in your child's best interest regardless of the benefits that it affords you. I suggest that you contact an attorney to assist you in planning your course of action.

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  • How can I sue my ex-husband for not paying one of our creditors after we signed a settlement agreement at time of divorce?

    My Ex-husband and I decided to share our debts. We have signed a settlement agreement which is part of our divorce judgement. He took the responsibilty of taking over the boat and it's payments. We both signed on the loan originally but the divorc...

    Daniel’s Answer

    The answer to your question depends entirely upon how your judgment was drafted. You need to make an appointment with an attorney so that your judgment can be reviewed and you can be adequately advised.

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