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I have what started out as a nickname, but people have been using it for over 20 years. I'd like to use it as a legal name. Do I have to change my existing name, or can I just add the nickname and use that as a first name?
Adding a name to your name is legally the same thing as changing your name. The process is fairly simple. It requires filing a petition with the court, posting a notice for a certain period of time, and then certifying to the court that you have done so and that you aren't changing your name to evade justice or other obligations. The full packet of forms and instructions you need are available online at http://www.courts.oregon.gov/Multnomah/docs/FamilyCourt/NameChangePacket_ForAdults.pdf (downloads a .pdf file).See question
My 20 year old brother is dating a 16 year old girl and her parents are okay with them being together, and they insist that, in Oregon, it's okay for my brother to date said girl despite the age difference if her parents are okay with the relation...
No. Your brother is wrong. Parents cannot consent to their children being sexually assaulted, which is how the law views it when a 20-year-old has sexual contact with a 16-year-old. Your brother is risking going to prison and being labelled a sex offender for the rest of his life with this relationship. I realize that this is not the sort of advice that anyone ever takes, but he needs to end this relationship at once and consult with a criminal defense attorney in private.See question
I've decided to file for an appeal regarding a criminal conviction. But upon conviction I was ordered to be on probation. Do I still have to follow through with being put on probation?
Yes. When a court's ruling is appealed, it remains in effect pending the appeal until a higher court says otherwise.See question
I'm 15 years old & my boyfriend is 18 years old but turning 19 in a few days. The sex was consensual But In Oregon there is a law that states that you can consent to sex with anyone 3 years older then you & since he's turning 19 I Was wondering if...
Yes, they can, in theory. Your boyfriend needs to consult in private with a criminal defense attorney immediately.See question
I have full custody of my daughter and her father has visitation during the year. During his visitation time can he, against my wishes, allow for my daughter to go on a trip out of state with his girlfriends parents?
The general rule is that, during a parent's court-ordered parenting time, they can have the child do whatever they want - as long as it is not illegal or dangerous, of course. So if your custody judgment doesn't say anything to the contrary, you can't force your co-parent to do, or not do, anything in particular.
You could file a motion with the Court to modify the parenting time provisions of the custody judgment to prohibit this sort of thing. But I'm not sure that the Court would agree with you. There is another general rule that no one but a child's parents has parenting time rights to the child (again, unless a court orders otherwise). But there is a third rule, that a child's other family relationships are something a court can consider when making custody and parenting time decisions. It may be that your daughter's relationship with her grandparents is valuable, and your co-parent is doing a good thing for her by letting her go on this trip. You should consider why you don't want to let her go - and whether a neutral judge would agree with your reasoning - before deciding to try this.See question
I'm going to move back to California and we agreed to take care of our son without the court being involved.
If no response has been filed, then you can file a motion to dismiss with the Court. I do not know if the court makes standard forms available for this. There are so many possible motions and issues that can arise in a case that the court can't possibly provide free forms for every single one. (This is one of the many advantages to hiring a lawyer to handle your case - we usually draft our own forms, rather than relying on templates.)See question
My dad and stepmom lied to get me to sign some papers when I was in a numb traumatic state. They lied about it being temporary, about it being joint custody, my stepmom lied about helping me deal with child support when I lost my job and then had ...
It's not really clear from your description exactly what happened, legally speaking. You need to consult with an attorney in private for any real analysis and recommendation. To find one, you can use the 'find a lawyer' function on this site, or call the Oregon State Bar for a free referral, at 503-684-3763. You can ask about the Modest Means program - attorneys who participate in this program agree to take clients at lower hourly rates than they would otherwise charge, in exchange for referrals.
You should not expect anyone to help you totally for free. Lawyers need to eat like everyone else. There are a couple of nonprofit organizations that provide low-cost legal services in the Portland area. These include St. Andrew Legal Clinic ( www.salcgroup.org ) and Legal Aid Services of Oregon ( https://lasoregon.org/ ). Even they will charge a small amount most of the time, to help pay for costs - and to keep clients invested in the process.See question
my boyfriend was 18 and im 17 when we had sex. we stopped before he turned 19. my parents found out about it and told him to stay away or they will call the cops. we have been dating for a year and i turn 18 in 3 and a half months. can they call t...
First of all, there is no such thing as "pressing charges" for private citizens, really. Criminal charges are investigated by law enforcement and brought before the Court by a prosecutor - a district attorney for state crimes, or a United States Attorney for Federal crimes. Private persons can make reports of a crime to the police and can cooperate with the prosecution in their cases, but that's all they can do. They can't legally compel (or refuse) any prosecution. When police ask if people want to "press charges," what they really mean is, if we refer this to the DA and they try to prosecute, will you help us by showing up and testifying? The point is, if your parents believe that a crime was committed, they could call the police and report it, but they couldn't force the issue beyond that.
Assuming that all sexual contact between you and your boyfriend was consensual, it seems doubtful that either of you committed any crimes. Normally, it is against the law in Oregon to have sex with anyone who is under age 18. This is because it's illegal to have sex with someone who doesn't consent to it, and people under age 18 are deemed unable to consent by definition. 'Sex.' in this context, by the way, refers to all sexual contact, not just intercourse. Exactly what crime this is, depends on the age of the parties and the type of sexual contact; but it can be quite serious. The law applies to everyone, regardless of gender.
However, there is a limited exception to the age rule in Oregon: as long as both partners are over age 15, and they are less than three years different in age, then they are not deemed unable to consent solely by virtue of their ages. So as long as you and your boyfriend were both over age 15 when you started your sexual relationship, and, as it sounds like, you're within 3 years of each others' ages, he has a defense to any criminal charge based solely on your age. Your parents have no power to use the law to punish him. They can, of course, try to compel your obedience in other ways, but once you are 18 they will have no legal authority over youSee question
Ex husband has sole custody at moment. My 16 & 14 yr old kids live in Fremont Indiana. He has told me I can't have contact with my 2 kids this started October 2016. He has not allowed them to visit in three years. My 16 year old asked me to figh...
The first question is what state has jurisdiction (authority) over custody of these children. If an Oregon court granted the current custody order, then Oregon is the place to start; but if the children have been living in another state for more than six continuous months, then your ex-husband could ask the courts of that state to take jurisdiction instead, in the event of any dispute. For that reason, most likely Indiana law could end up controlling the case, and you would need to consult with an attorney who practices in Indiana. The rest of this answer discusses Oregon law.
The legal standard for custody decisions is the best interests of the children. If you want to gain custody of your children, you will need to show that this is in their best interests. The law sets forth a few standards for determining 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." In this case, since your ex-husband has been the primary custodial parent of the children for over 10 years and they live in another state, he will most likely keep custody of them. Courts tend to be cautious and conservative with children's schedules and are unlikely to uproot them from one home and make them move across the country. This may seem unfair to you, but fairness to you is not the legal standard - the children's best interests is.
That said, 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. You should be able to get the right to see your children again, even if full custody is less likely.
You also have to consider that your children will soon turn 18, and be legal adults. At that point, they will be able to live where they like and will be responsible for their own relationships. If I were you, I would consult with an attorney and file a motion to enforce (or establish) a visitation schedule, so that by the time they are adults, they will choose to visit you voluntarily. You can't really force children of their ages to do anything.See question
A friend of mine was sent to jail because the judge missread his restitution. The judge thought he was behind when he really wasn't. He spent 90 days in jail for no reason
Judges have sovereign immunity to lawsuits for actions taken in the course of their duties, so you (or your friend) can't sue the judge for this mistake. However, there may be other ways for him to receive compensation. If he has any further sentence to serve, the Court can apply the time he served to that. Or, if there is no further sentence, he may be entitled to some financial compensation. He should consult with an attorney who specializes in criminal defense or tort claims against the state. There is no simple step-by-step process to be described over the internet to address this, but likely with an experienced lawyer, something can be done.See question