My ex went to prison about 3-4 years ago and he put her in my care due to her other step mom; dads wife, deciding she didn't want to care for her anymore. I agreed and he signed guardianship over to me. He resigned the guardianship papers every 6 ...
Due to you not being in your step daughter's life for a considerable period of time, you may no longer have the ability to file for custody as a psychological parent. But I don't know what the time line has been so you will need to discuss this with an attorney and figure this out.
The easiest and cheapest thing you can do is to report the problems to children's services and let them investigate and hopefully remove the child from her current environment. If she intends to be a runaway there may not be much they can do. But at least file a report so there is some possibility that children's services can help her get to a more stable foster home.See question
I have a 9 year old son who has visitation with his father every other weekend, along with four weeks in the summer. Every time my son realizes that he has to go see him, he's genuinely a different child. He asks why he has to see him, I explain t...
One of the problems with these types of situations is that you, as the mother who had an unpleasant relationship with your child's father, may be projecting your own feelings into any conversation with your child and that can effect how the child will answer your questions. Your child will want to tell you things in a manner that gets a positive response from you so agreeing that the father is not nice may be how the child responds to you. I don't want to minimize your concern about the father. I believe what you are saying. I am just also saying that your child can't express their feelings completely without bias to you because they are concerned as to how you will respond and you have a certain orientation to this situation, which is understandable.
What I would suggest is to find a counselor that your child can go to see without you being present. Give your child a neutral place to discuss their concerns about their father. The counselor can then discuss with you out side of your child's presence what they recommend.
If the counselor thinks that the father's behavior may be having a negative impact on your child's development, then it may be time to go back to court and ask the court to set down some rules. Possibly the court could restrict visits to supervised visits where another neutral adult has to always be present to monitor the father's behavior. The court could require the father to successfully complete a parenting course or anger management course before being allowed to resume unsupervised visits.
So the more likely scenario is that you can't just stop the visitation, but you can ask the court to set some type of conditions to help your child. But you will need to have an expert, like a counselor who has worked with your child, ready to come to court and testify as an expert that this is necessary. (Typically professional expert witnesses require compensation for their time spent in court.) You will probably also require the assistance of a lawyer.See question
I was in a terrible car crash and was taken to the hospital. I was there for about 2 months and had several surgeries. I didn't have any insurance and after some time I applied for OHP ( Oregon Health Plan). I qualified for CAWEM an Emergency waiv...
This is very common and yes all medical insurance companies have the right to request reimbursement from any settlement of a personal injury case that relates to medical bills they paid for. However, you wouldn't owe any money if there is no settlement. Since you could just elect to walk away and then these insurance companies would get nothing, they are more then willing to negotiate with your attorney so you can end up with some money in your pocket. I have even had cases where OHP agreed to waive their lien completely because there simply wasn't enough money to share and make everyone happy. Hopefully you have an experienced personal injury attorney and he will do a good job negotiating for you. But yes, your attorney is telling you the truth.See question
I am 26 years old and on May 25, 2017 my father decided to attack me and hit me in front of my 3 year old daughter. What I want to know is can I legally sue him for physically assaulting me and for the emotional suffering I endured from what he di...
Yes you can sue him for assault and battery. The problem might be if he doesn't have an economic wealth that isn't protected by the Oregon Statutes that exempt certain property from creditors. if he is "judgment proof" meaning that he has no reachable assets then you won't be able to cash in on your judgment and most attorneys don't want to take a case on a contingency unless they see a way to collect payment at the end. So consult with an attorney in your area who handles personal injury cases. Also, you need to distance yourself from your father. You probably already knew what kind of person he was and now that you have been attacked it is time to completely cut him out of your life. You won't get any satisfaction from suing him, at least not emotionally. You might get money but he will still be a jerk.See question
My mother's long-time partner died in February. He left no will but has an estate that will total roughly 650k in cash and 150k in real property. They were never married and never made any legal arrangements regarding their relationship. He claime...
Please be aware that if your mother has no assets she is qualified for medicaid which will pay 100% of her care. If she is eligible to receive any thing from an inheritance she will be disqualified from medicaid and all the inheritance will have to be spent on her care before she again qualifies for medicaid. So unless you like the idea of spending any inheritance on the care your mother currently receives and her losing her right to have medicaid pay for her care, then you might want to not try to pursue this aspect of the estate.
The attorney is probably correct, although in some situations the domestic partner was promised a share in the other partner's estate or performed services that would give them a right to compensation, and these types of facts can lead to an award. If your other has dementia it is probably not going to be feasible to have her explain facts that would support this type of claim. Also my other point above that the money would only go to pay the medical costs that Medicaid would otherwise pay, further supports not pursuing this.
I think the best way for you to help your mother is for you to take a fee for your services as the personal representative and use the fee you get paid (net of the taxes you may owe) to help your mother in ways that don't reduce her medicaid benefit. You can consult with an elder law attorney to find out what types of things you could do for your mother. Buying her a TV would be OK. Buying her a medical device or therapy that medicaid doesn't cover, would be OK. Taking her out for a special day trip would be OK. Things like that.See question
I was making a left turn across traffic when I driver was driving up the middle lane and t boned me. I was in the right police agree
I don't know if your injuries were severe leading to hospitalization, lots of medical bills and a long difficult recovery or worse, permanent injury. The majority of fender benders lead to soft tissue injuries and people are able to fully recover in 6 months to a year, although recovery can take longer in some cases. But in these types of cases you can usually get fully compensated from the other driver's insurance and you can also look to your own uninsured (or underinsured) motorist's coverage on your policy for additional funds so between the two policies you will usually get your full damages without having to worry about a lawsuit against Ford for a defective airbag, if the airbag was defective.
If your injury is on the more extreme side, then looking into a products liability case against Ford may be necessary to fully compensate you. Airbags are not supposed to go off in certain low speed accidents, so depending on the facts of your accident, the fact that the airbag didn't respond may have been normal.
You can expect that the insurance adjuster for the other driver will start calling you and this adjuster will try to get your statement and will try to make you feel that they truly care about you and want to compensate you for your injury. They will try as early as possible, before you have fully treated and healed, to lock you in to the lowest settlement offer they can tempt you to take. They often offer to "pay for your medical bills for one year" plus give you a certain amount of cash immediately "if you will sign some papers" which inevitabley will be a full settlement of you claim. Don't talk to them and don't agree to anything. You will not lose anything in terms of the ability to make a claim by refusing to give them a statement or refusing to discuss your accident. Your only obligation at this point is to report the accident to your insurance company (give them a statement if they want one) and to file the 72 hour accident report with DMV. (It's OK if you file it late - they don't really penalize people for late filings, so I generally advise people not to fill out the report before they have had a chance to see an attorney.)
You also have the right to open a claim with your insurance company under your PIP (Personal Injury Protection) coverage that all Oregon Insurance policies must have. This will not raise your insurance rates. Your company will pay for your medical bills and your lost wages if you have to take at least 14 days off work, up to a certain maximum dollar amount and this benefit is available for two years following that date of your accident. Your company will then seek reimbursement from the other driver's insurance company so this is why it doesn't effect your rates.
I can't emphasize enough that you consult with an attorney as soon as possible. There is usually no cost to discuss your case with a personal injury attorney. Typically personal injury attorneys will take your case on a contingency fee which means they will take a percentage of the recovery when there is a recovery. Don't think you will get more money doing this without an attorney,. That is almost never the case. You can call more than one attorney but pick one to represent you and avoid any communication with the other driver's insurance company.See question
My ex recently served me with an order to appear in AZ for a Resolution Management Conference/Return Hearing. He is seeking full custody of our child, which he basically already has. It says if I don't show up The court may order a default agains...
If it says if you don't show up you will loose by default, that is what will happen. I suggest contacting the court and seeing if you can file an appearance remotely and then ask to appear by phone. Most courts understand that family law litigants can't always afford long distance travel and they provide ways to appear by phone. Investigate this option and at least appear even if you mostly agree with what your ex is asking for. Make sure you ask for some plan that allows you to see your child. A resolution management conference sounds more like a settlement conference and if that is the case, you have nothing to lose if your participate and everything to gain. While you may be able to do this without a lawyer, it is highly recommended that you get legal advice from an Arizona based lawyer. Lawyers do offer phone conferences.See question
My sister passed away unexpectedly on Jan/18/2017, she named our brother as her beneficiary.... First let me start from the beginning my sister was fired from Fred Meyers November/11/2016, died January/18/2017 and just received her last paycheck i...
My educated guess is that the union offers a life insurance plane with a negotiated rate but that the life insurance is actually through an independent life insurance company. If your sister had an active life insurance plan when she died, the insurance company has to honor that and pay out the benefits to her beneficiary once they get proof of her death. Try to find out who the life insurance company is and contact the company directly. Look through your sister's paperwork if you can find it. She may have documents that indicate who the company is that issued the life insurance plan. If the union offers only one life insurance plan through one company, then probably anyone that is in the union can tell you who that company is. Maybe one of her former co-workers can help you out. If this is all taking place in Oregon, the State of Oregon has a department that can help out with issues concerning insurance companies: http://dfr.oregon.gov/gethelp/Pages/file-a-complaint.aspx. The person that need to be pursuing this is your brother who is the named beneficiary. You may also need to contact an Oregon probate attorney to sort out other matters, such as the pay check. Insurance proceeds payable to a named beneficiary are not handled in probate. (If no beneficiary is named, then it becomes a probate issue.) Understand that there is also a small estate affidavit procedure. An attorney can determine if the cheaper and faster route of using a small estate affidavit will apply to your sister's estate. With either procedure, a full probate or a small estate affidavit, the expired paycheck can be dealt with and turned into a fresh check that can be cashed.See question
I am working with my daughters to accumulate original copies of documents in our family tree.
There is no required repository for Wills in Oregon. However if the Will was submitted to the court for a probate or small estates procedure, then a copy of the Will would have been kept in the court records. You can request certified copies of court records. You can go to any court in Oregon and have them search for the records State wide to see if there was ever a court proceeding, then you will need to contact the court in which the case was filed. Sometimes people will send a copy of the Will to the County Recorder's office to show that the title to real property transferred. So if your grandparents owned real estate your might want to check the records in the County Recorder's office and see if there was a copy of a Will recorded with a sale of real estate after one or both of them died. Absent either of these two ideas, you would have to track down what happened to the Wills. A family member may have them or some the Wills could be in the records of their attorney. But usually Attorney's destroy their records after a period of time, so there is no way to know for sure if the originals or copies still exist. You just have to hunt.See question
My grandmother has been transferred my fathers account when he died a few weeks ago. I am listed to inherit the estate, but she has informed me that her lawyer has stated that she gets the money because she was a joint owner even though she wasn't...
The lawyer is wrong as long as you can prove that the reason for putting your grandmother on the account was something other then giving her the money. So if your grandmother was added to so she could distribute the money to you more easily, it is still your money. If your grandmother was added so she could help pay bills for your father, then it is still your money. But if your grandmother was added specifically so she would get the money, then it is her money. Also it would depend on your fathers state of mind when he was added. If your father was very sick and heavily medicated, it is arguable that he didn't realize what he was doing when he added her name to the account. So it really boils down the your father's mental state and his intent at the time that grandmother was added to the account.See question