My children's father moved to a 3 bedroom "townhome" in oregon. He and his wife have 5 kids (my three, her one, and their one together). My 11 year son and 9 year daughter share a room while my 6 year, her 8 year stepsister, and 3 year half sister...
I have never heard of a law dictating how many bedrooms a family must have or a limit on how many people can sleep in a bedroom. Some families live in their car or a tent so a three bedroom house compared to that is a palace. The question you are really asking is if you should get custody of your children because they are now in a crowded living space and perhaps you can offer them more space in your home. It is certainly something you should discuss with a lawyer. But there are other facts involved in changing custody so all the factors have to be considered.See question
I'm 18 and trying to understand what my parents can and can't say or do now that I'm 18
My colleagues have correctly pointed out that there is a distinction between being legally an adult at age 18 and living in your parent's home where they still have the right to make the rules. So as long s you live in your parent's home, abide by their rules and be respectful of their right to set such rules. As an 18 year old your other option is to move out and fend for yourself with no financial assistance from your parents. I will hope that you will find dealing with your parent's rules a small price to pay for their continued support and assistance as you find your path into adulthood and hopefully you will use this time to continue your education. It's a tough world and what you are dealing with is a minor annoyance compared to what problems you will have to deal with once you are on your own.
I also want to point out that while you are legally an adult at age 18, you have not reached your full level of mental maturity. Science is showing that the brain on many young people is not fully developed until age 25. So you actually have a ways to go. http://mentalhealthdaily.com/2015/02/18/at-what-age-is-the-brain-fully-developed/ I think this justifies your parents having some continuing concern over an 18 year old child's ability to make mature decisions. Respect them and enjoy what time you still have with them. They won't always be around.See question
I was involved in a car accident in OR that resulted in an injury that is requiring medical attention. In OR any car insurance policy issued has to include PIP in case of personal injury. However the car I was driving has a policy issued in anothe...
Oregon insurance law requires that any policy issued in Oregon have certain minimum coverages, including PIP. Now I know that your poilcy with Geico wasn't issued in Oregon. However insurance companies usually put language into their policies that state that the benefits in that policy will automatically increase to the State minimums required in another State when the car is being driven in the other state. So I absolutely agree with Frank Shaughnessy that you need to hire an Oregon lawyer and your lawyer should request a complete copy of the Geico policy and review it for language that might help you. The policy of the other drive will never extend PIP coverage to the the person in the other car. That is just not how PIP works. This USAA policy however is available to pay your ultimate claim for damages. But you first have to get medical treatment to both heal and establish your damages. Your first option is to use whatever medical insurance you already have to get treatment. Your Oregon Lawyer can help you find other low cost treatment options. If you are still in Oregon you can seek treatment at the Virginia Garcia clinic or at the Multnomah County Health Clinic. You will probably be guided to apply for the Oregon Health Plan which will reimburse these locations for your treatment once the insurance is approved. It can take a few months for the insurance to get processed but it will apply retroactively to your treatments that occurred after the date you applied for benefits. If the insurance not approved ,neither of these facilities will come after you for medical expenses. If you are not living in Oregon, you will need to find similar publicly or charitably funded clinics where you can get health care without incurring personal liability for the bills. You absolutely need to hire an Oregon Attorney to help you with your case. (It is also true that some chiropractors will treat you and defer their bills until your case is settled but I would not advise taking this route until you have hired an attorney who can advise you of any risks involved in this strategy.)See question
I was thinking I wanted to change back to my maiden name upon my divorce, but when I think of all the things it will affect, I am rethinking my decision.
You have the option to change or not change back to your maiden name. Completely up to you. It's just cheaper to do it now then to file a separate name change proceeding later if you change your mind. Going back to your maiden name, especially if it is the same as your birth certificate, should be that big a deal. You will have to update your main legal documents - your social security card, your driver's license, and your passport.See question
My son and I got into an argument. I smacked him in the face. He told his dad and his dad called the cops. The cop said I did nothing wrong wrong. My son's dad came and got my son in the middle of the night without my concent. My son willing went ...
There comes a time when sons get big and strong and start acting out and may be hard for a mother to control. When that happens having a strong male father figure that can stand up to the son and help parent the son is very important. But it sounds like there is still some competition between you and the father rather then mutual cooperation. I would ask the father to voluntarily participate with you in some type of family counseling so that you and the father can agree on some parenting strategies to use to deal with your son. Slapping is not a good approach. Perhaps getting the father on board and telling your son that you will call his father when he gets out of line might be the better option. But it shouldn't be a reward, rather it should be punitive. If father has to come over, son gets taken to father's house and put in his room there with no privileges - no TV, no internet, etc. It needs to be that telling son that you will call his father is no longer something he looks forward to. Admittedly this is going to require you and the father to mend some fences and work together, but it is honestly that best way to raise your son - with a joint effort.See question
My 6th grader accidently broke his friends glasses. They are asking for the money they paid for them originally plus the cost of a new eye exam. They are on medicaid and medicaid is covering a new eye exam and new glasses so this is costing them n...
If Medicaid is paying for a medical bill that someone else might be responsible for, then Medicaid has a lien and can ask to be paid from the person that owed the money. Tell the friend's parents that if they plan to submit the bill to Medicaid, that they need to give you that information and you will contact Medicaid and reimburse Medicaid. Tell them that otherwise you might have to pay the bill twice, to them and again to Medicaid. (You should also be careful and get a release of liability if you pay anything so you don't get hit up for more money. An attorney can assist you with this.)See question
I'm next of kin and signed cremation consent but was told moms boyfriend got ashes because he paid for cremation.
I agree with Ms. Hollis. Absent a document that your mother signed (while alive) giving her boyfriend the right to deal with her remains, he has no legal right to the ashes. You could involve an attorney in this to explain to the boyfriend that he misused the law. But this will cost you money. So it would be better to try to come to a practical informal agreement with the boyfriend if that is possible. At the end of the day, possessing the ashes won't bring your mother back and everyone is upset and grieving. Somethings things just need to calm down and people need a chance to deal with their grief before they will reflect and do the right thing.See question
I was divorced 20 years ago but kept my married name (so me and the kids would have same) Now their grown and I would like my maiden name back. I am a little confused on whether I can just file regular name change papers at the courthouse or if th...
You can file for a regular name change. This process works for any type of name change. I would make sure to included in both the Petition and the Judgment the history of your legal name changes, ie your name exactly as it appeared on your birth certificate, your name as it appeared on your marriage license, and your name as you want it to be after the change. (I am assuming that you only got married once and only changed your name once.) What is important is to have all the information as to your prior and current names listed exactly as the names appear in official records so that when you send a certified copy of the final name change document back to the office of vital statistics where your birth certificate is, the won't question whether you are the same person. As long as they are certain that you are the same person on the birth records they maintain, they will go ahead and amend or supplement your birth records to show your current court ordered name change. You might want to call the office that has your birth records BEFORE you initiate the name change process (even if it is in another State) and just verify what information you need to have in your final Judgment of Name Change in order for them to process the name change. (The allegations in the Petition and the Judgment need to match.) If you need help you can always ask an attorney to review your proposed Petition and Judgment forms that you have filled out before you start the process. That would be relatively inexpensive.See question
MY SISTER IS VIOLATING THE TERMS OF MY MOTHERS WILL. AND I NEED SERIOUS LEGAL ADVISE AND REPRESENTATION, WITH TAKING HER TO COURT, AND SUING HER!
The mere fact that there is a Will and it nominates you and your sister as coexisting Personal Representatives, does not necessarily mean that the key to dealing with your mother's property is through the Will. There may be property that the Will has no control over, such as real estate where the real estate passes to a survivor, or bank accounts that pass to another person named on the account. Retirement Benefits often go to the beneficiaries named on the account. These are examples of property transfers that are not subject to the terms of the Will. You need to consult with a Probate Attorney in your area and figure out whether or not your sister's actions are violating the law and what you can do about it.
Also, it sounds like the Will is not being formally probated. When a Will is admitted to Probate the court will require a strict accounting of the Assets and of any expenditure of Estate Funds. This will put a stop to any misuse of the funds but at the expense of paying attorney fees to the attorney hired to run the probate, so the Attorney Fees can be considerable especially if there are disputes between you and your sister. The Attorney Fees are paid out of the Estate Funds, leaving less for you and your sister, but it may be necessary if she is misusing estate funds.See question
The boyfriend passed away in October so the girlfriend said everything is locked up in probate, the bill was to both her and her boyfriend. It's now February and she now tell us we must wait untill she files his 2016 taxes. This is her bill as we...
All Oregon cases are now on an electronic system so any attorney you consult with can look up whether there is some type of probate proceeding filed. I suspect there isn't because part of a formal probate involves sending notices to all known creditors. The more likely scenario is that the term probate is being used loosely to signal that the girlfriend is trying to sort out the property and debt issues. A construction lien is probably not an option at this point but that is what should have been done upon completion of your work. Your best chance of getting paid is to get a judgment for what is owed to you and have the judgment create a lien against the house, assuming it is owned by the girlfriend, before the house is sold to someone else. You can sue both girlfriend and deceased boyfriend's estate in a single lawsuit, but a probate will need to be opened and a Personal Representative appointed to stand-in for the defendant that would have been the boyfriend. This will cost you some money but it may be worth it if there is equity in the house you remodeled and the house is still owned by the boyfriend/girlfriend. Often people will become much more cooperative about paying a debt when they start getting served legal papers if they have non-exempt property. If they are judgment proof, then there may be nothing to gain by bringing a suit.See question