I have had sexual relations with a prostitute who is 3 months pregnant. She claims I am the father. I am 68 years old, married and retired with limited resources. I have informed her I cannot afford to support a child. If she refuses to abort,...
Until the child is born, you have no rights whatsoever over the matter. Once they're born, you will have the right to seek a finding of paternity - if you want to; until and unless your paternity is established you have no rights or responsibilities towards the child. Paternity can be established either by voluntary acknowledgment (i.e., you and the mother "put your name on" the child's birth certificate), or by a suit through the court that could include an order for a DNA test, if you (or the mother) want to pursue that angle.
If and when your paternity of the child is established, then you and the mother will have the same rights and responsibilities to the child. Oregon law does not favor either mothers or fathers in custody disputes due to their gender. However, we do recognize that custody of children should usually be given to their primary custodial parent, which is usually the mother (due to the basic facts of biology, or the nature of our social institutions; pick according to your prejudices - but let's try to leave politics out of this). In practice, it is very rare that a court will take custody of a newborn child away from the mother. We recognize that children have a developmental need to be not long separated from their mothers. However, if the mother is really unfit or presents a risk of harm to the child, then an exception can be made. I have represented fathers who have gotten custody of very young children, though generally only once the mother has done something very risky. That is the only real way you can use the mother's status as a sex worker against her. (It scarcely bears mention that you can hardly accuse her of a crime without simultaneously accusing yourself, assuming that you employed her for this illegal service. Under Oregon law, buyers and sellers of prostitution are equally culpable.)
So if you determine that the child is yours and you want to pursue custody, you can do so; but most likely the mother would end up with custody, and you would have the right to regular parenting time. This would likely start off modest but would increase over time as the child gets older and better able to handle separation from their mother. You would also be obligated to pay child support to the mother. This is not affected by the fact that you're married or retired.
The general principle that the law follows in all of this is the best interests of the child. That is our priority, more than "fairness" to or "rights" of the parents.See question
Im 17 and live with my mother who i am terrified of. I need to know how i can have custody given to my father for the last year of my childhood. My mother threatens my wellbeing constantly. My mother has no criminal record but my father does. My m...
Your father would need to start the process by filing a petition to get custody of you, or a motion to modify custody if there's already a judgment that grants custody to your mother. The fact that he has a criminal record doesn't necessarily make it impossible, though it really depends on the details (how long ago he was convicted, what the actual crimes were, &c.).
Once he files, there are ways for you to make your voice heard. Children involved in a custody case can request that an attorney be appointed to represent them. Actually, a parent can make this request as well; but if the child makes the request, the court is legally required to appoint an attorney - although not necessarily any specific attorney. Rather, courts maintain lists of attorneys who are available to do this service.
You can make such a request by writing a letter to the court , referencing the case number or parties' names and requesting an attorney. In Multnomah County, children's attorneys assignments are handled by Judge Susan Svetkey; you can direct the letter to her. You don't need to use any special language. If you need help with this, you can call the Oregon State Bar's Lawyer Referral Service at 503-684-3763 and ask for an attorney in the Problem Solvers Program. They will meet with you for a free consultation, and may be able to help.
In any case, the appointed childrens' attorney will meet with you and with your parents, and will articulate their idea of your best interests to the court. Because they are seen as objective, their recommendations carry quite a lot of weight with judges; what they say usually goes. Sometimes these attorneys will make their own mind about what is in the child's best interests (though of course with the child's input); for older children, they may allow you to simply say what they want. Sometimes a court's order appointing the child's attorney will say which of these they're supposed to do ("best-interests representation" or "traditional representation"). If the order doesn't say, then the general custom seems to be that the attorney will simply take a child's word for what is in the child's best interests if the child is age 14 or older. At 17, your wishes should be granted substantial deference.
Even with an attorney you can't start the modification process yourself; your father needs to file a motion if he wants to pursue custody. Remember, also, that once you're 18, you'll be a legal adult and able to live with any family member or anyone who welcomes you. These cases can take some months, so it may well be that you're 18 before a result is reached.See question
Im not actually planning on this but i got into an argument on whether i can be arrested or not for telling an officer i used an illegal substance when in reality i didnt. Can i be detained or arrested for saying i used cannabis with no physical e...
Yes, you could be arrested for this. The police can arrest you if they have probable cause to believe you committed a crime. They can get probable cause a variety of ways: from personally observing the crime; another person's report; or from statements you make to them. (You know how they say anything you say can be used against you?)
Whether you could be convicted for such conduct is another matter. To convict you of a crime, the state must prove your guilt beyond a reasonable doubt. I can't even begin to guess whether that would work in this instance, but I do know that if I were taking your case before a jury, I wouldn't be thrilled about having to present a defense that consisted of "Sure, my client /said/ he was using illegal drugs, but he was lying!" Not a way to impress a jury with your credibility. But being arrested is a big enough hassle even if you aren't ultimately convicted.
Do not try to troll the police. They have no sense of humor. Do not confess to crimes - especially to crimes you haven't actually committed. That is the best way to avoid being arrested.See question
My child mother has done everything she can to keep me out of our daughters life despite how much I try to be involved. She is newly married and I received a call from my daughter whom was hysterical informing me her mother is making her change he...
As far as the name change, the mother can only do this by filing a motion with the court and giving you an opportunity to object. She would have to prove that the change is in the child's best interests; you would have the right to a hearing and to oppose the request.
As far as the other issues, which frankly sound more serious - first of all, it's not clear whether you have a judgment of child custody and parenting time that covers your child. If there isn't one, you can file a petition for one, though you would have to do it in the state where the child has most recently resided for six continuous months (so, probably in Oregon). If there is one, you can file a motion to enforce it (if your co-parent hasn't been following it) or to change it (if there are provisions you want changed, to give you more time or contact rights with your child). The legal standard for these questions is the best interests of the child. The law sets forth a few standards for determining just what is in the best interests of children:
The most commonly followed guiding principle is that a child should remain with the parent who spent most time with them before -- the "primary custodial parent." That gives you an immediate and substantial disadvantage in a custody dispute, if you've been living apart for a long time. But the law also presumes that it is in the best interests of the children to have an ongoing relationship and continuing contact with both of their parents. If the court must decide which parent is awarded primary legal and physical custody, it is more likely to grant it to the parent who has shown that they will encourage an ongoing relationship between the children and the other parent. Parents should not try to keep their children away from each other, unless one parent has clearly been abusing the children.
Oregon law explicitly does not consider the lifestyle choices of each parent in child custody decisions, except as it affects the welfare of the children. Judges do not want to hear parents attacking each other in court; the focus is on the children, not on each person's faults. The abuse of a child by a parent is certainly relevant; but bear in mind that the definition of "abuse" generally requires threats of harm. "Verbal abuse" is mostly not a thing, legally speaking. It's not that this is something we don't care about; it's just that it's very difficult to draw a line between "verbal abuse" on one hand and just "being a jerk" on the other. The law is limited in how much it can regulate people's behavior in their homes.
In any case, most likely any legal action you wanted to take would have to be done in Oregon. You should consult in private with an attorney who practices here for guidance and help. No mere words over the internet will solve these problems for you.See question
My boyfriend was convicted of felony assault 4-domestic violence in November of 2015. He slapped me hard enough to rupture my ear drum and then punched me in the face which put my tooth through my upper lip. His daughter was a minor and witnessed ...
The no-contact order binds only him, not you. You will not be arrested for his violation of it.
Because the burden of proof is so much lower for the state to prove his violation of the order than it was for the original conviction, just about any evidence that he violated it would do. The state will probably have access to whatever messages you sent him (whether they were over the internet, a phone, or what, is not clear, but it is likely that a term of his release requires him to make all these available for review. So you will probably not be able to protect him by refusing to cooperate, if that's what you're thinking.
It is very common for victims of domestic violence to not want to participate in prosecution, or to want their abusers prosecuted at all, or, indeed, to want to reunite with them. There's a statistic common among professionals in this field that abuse victims take an average of seven attempts to leave their abusers before the leave for good. Whether that statistic is accurate is up for debate; but whatever the exact number, the point is, people (particularly women, frankly) who are abused go back to their abusers, a lot, despite the serious risks it poses to their safety and the safety of their children. Why this is, is more of a question for psychologists than lawyers; but whatever the case, the conventional wisdom of professionals who work with domestic violence is that such relationships seem to work in cycles of abuse and dependency. I don't know anything about your relationship, of course; but I can say with confidence that there could never be any excuse for this person to physically harm you, and that you shouldn't have to live with it. Not only that, but if the State learns that you have been letting him be around your children, you run the risk of having them removed from your care, on the theory that you failed to protect them from a dangerous person.
I don't know the full history, of course, but I would seriously urge you to find some counseling or other resources for victims of domestic violence. Don't just let this go unchecked. If you do, it will happen again, and you'll all be back where you started, or worse. People who commit acts of acts of domestic violence sometimes do reform and become better people and stop, but they never, ever just stop because they "get another chance." They'll only change if they see that people won't put up with abusive behavior. So don't put up with it. Don't go back again.See question
Dad is a registered sex offender. Mom (not me) is in her second csd case. They believe that if/when he finishes treatment classes that he will be able to freely be around the kids (one is his, the other two are not). They are planning to get marri...
No law inherently prohibits someone with a sex offense conviction from getting custody of their child. Much depends on the nature of the offense. Part of the trouble with the idea of "sex offenders" as a special (and specially demonized) category of criminals, is that the term can encompass a wide range of criminal conduct, from relatively benign to horrific. Without knowing what the father's actual offense was, it's hard to say how that conviction will affect the case.
It sounds like there's a good chance that both of these parents have serious issues that might make a court hesitate to grant either one custody. I am not surprised that Child Protective Services is involved. The parents need to consult with attorneys in private immediately to prevent their children from being removed by the juvenile court.See question
I was granted sole physical & legal custody of my son in 2011.My son's father took me back to court & a few minor changes where made.One change was, if either parent is unable to parent during their parenting time for an extended period of time th...
It sounds like you fulfilled your obligation to offer your co-parent the right of first refusal for parenting time. You can't force him to accept, or to reply, if he doesn't want to. The only thing you can do is to document all your efforts at communicating - so be sure you don't delete those text messages, email, and so on - so if he ever tries to complain to a court that you didn't comply and include him, you can prove that you did do so.
The court can force a parent to give their child to the other parent for court-ordered parenting time, but they can't force a parent to take advantage of parenting time that they choose to ignore themselves. As a practical matter, the court can't force him to have good communication with you or co-parent effectively. All it can do is protect your ability to parent without his interference.See question
My parent are divorced I live with my dad and he has full custody but i really want my mom to go to court and get custody of me so i can go live with her. My mom lives in North Dakota and I live with my dad in Oregon. So?
As far as how long a custody case can take, that depends on the docket of your local court. Six months is a pretty common average.
Normally Oregon courts are reluctant to order that a child be removed from their home and sent out of the state. However, if this is what you want, there are ways to make your voice heard. Children involved in a custody case can request that an attorney be appointed to represent them. Actually, a parent can make this request as well; but if the child makes the request, the court is legally required to appoint an attorney - although not necessarily any specific attorney. Rather, courts maintain lists of attorneys who are available to do this service.
You can make such a request by writing a letter to the judge assigned to the case (or the presiding judge of the court, if no judge is assigned) , referencing the case number or parties' names and requesting an attorney. You don't need to use any special language. If you need help with this, you can call the Oregon State Bar's Lawyer Referral Service at 503-684-3763 and ask for an attorney in the Problem Solvers Program. They will meet with you for a free consultation, and may be able to help.
In any case, the appointed childrens' attorney will meet with you and with your parents, and will articulate their idea of your best interests to the court. Because they are seen as objective, their recommendations carry quite a lot of weight with judges; what they say usually goes. Sometimes these attorneys will make their own mind about what is in the child's best interests (though of course with the child's input); for older children, they may allow you to simply say what they want. Sometimes a court's order appointing the child's attorney will say which of these they're supposed to do ("best-interests representation" or "traditional representation"). If the order doesn't say, then the general custom seems to be that the attorney will simply take a child's word for what is in the child's best interests if the child is age 14 or older. It's not clear how old you are; but you seem to be articulate and capable of taking initiative, which is a good sign for you.
Even with an attorney you can't start the modification process yourself. Your mother would need to file a motion to modify in the Oregon court to get things going. She needs to consult with an attorney who practices in Oregon.See question
My black cousin was wrongly accused of raping a white girl. The girl has no evidenve, can not recall effectively the story, and changes the story every time. However, he is being accused and convicted without evidnce. The judge allowed him around ...
No one ever "has to" take a plea. One should only take a plea if the chance of prevailing at trial is so low that the plea is a worthwhile one. Whether to take a plea offer or go to trial is always the defendant's decision. Their attorney can offer advice - and they would be well advised to take it - but ultimately that decision is up to the client.
Your cousin needs to consult in private with a criminal defense attorney immediately. He's entitled to be appointed an attorney, at taxpayer expense, if he can't afford one. If he has a court-appointed attorney and doesn't like their advice, he is free to consult with a private attorney instead, who may have a little more time and individual attention to give. Many public defenders are excellent lawyers; but they are chronically overworked, and as a result can't necessarily defend each case as vigorously as one might like. So there can be an advantage to having private counsel. The downside, of course, is that private attorneys have to be paid for. You have the right to be appointed an attorney - but not /any/ attorney.
Nothing we can say over the internet will solve this problem. Your cousin needs to talk to an attorney about this, and must not discuss the matter with anyone else until he does.See question
My husband got his child support modified in September 16 since one of his twin daughters was no longer a child attending school and went on a Mission. His attorney at that time seperated the two cases so the one remaining child attending school ...
Yes, money that you deposit into a joint account can be discovered in a motion to establish or modify child support. During a divorce or modification process, you are expected to be transparent with your finances. If you want to protect certain accounts or assets from discovery, you need to file a motion for a protective order under ORCP 36. You will need to show good cause why the documents in question are not likely to lead to the discovery of admissible evidence or why the discovery is inappropriate in some way. You should consult with an attorney in private for assistance with this.See question