I'm 16 and live in the state of Oregon. My dad doesnt financially support us legally and the environment is morally repugnant. Is there a way to gain emancipation without my dads approval?
Emancipation has nothing to do with whether or not your father pays child support. Also I have no idea what this means: "the environment is morally repugnant". Here is the link to the Jackson County Court information on Emancipation. https://jacksoncountyor.org/community-justice/Juvenile-Services/Emancipation. Here is a helpful guide to emancipation that the Juvenile Rights Program in Multnomah County has prepared that you should read: http://www.youthrightsjustice.org/Documents/Emancipation%20in%20Multnomah%20County%20Oregon.pdf. As the article explains you will have to serve the papers on your parents and they will then have a right to object. Also they court can consider whether or not they are supporting you as a factor but it is not the only thing that the court will consider. I did not see a sample form on the Jackson County Website, but here is a sample form from the Lane County Court website that you can probably use, but you will need to check with the Jackson County Court to see if they will accept this form and if the procedure is the same as the procedure set out in the Lane County form instructions: http://courts.oregon.gov/Lane/docs/Emancipation%20Info%20and%20Application.rev%2004-13.pdf (Every county court has their own separate local rules so you need to find out what the local rules are for Jackson County if that is where you plan to file.) PLEASE PAY ATTENTION TO THE WARNINGS THAT THERE CAN BE NEGATIVE CONSEQUENCES FROM BEING EMANCIPATED.See question
3 years ago my husband was suddenly medically discharged from the military. He is suffering from combat PTSD and refuses to seek treatment. He abandoned myself and our son leaving us homeless, broke, and hungry, while he moved in to my brothers ho...
Generally speaking you can file for divorce in any State where one of the parties is a legal resident. So where your husband lives, ie the state in which he has been living is one possible venue. Where you have lived is another possibility. If you gave up your legal residence in Oregon but recently moved back. wait until you have been her six months then file here.
The choice of where to file is also effected by what you hope to accomplish. Any state in which one of the parties is legally a resident can declare the parties divorced. However, If you want other relief like spousal or child support or custody you need to figure out which state will be the best state for you to file in. This is not something I can help you figure out here on Avvo because I don't have enough information. Please consult with an attorney to figure out which is the best venue for you to file in to accomplish your goals.
I suspect that getting custody of your child is your primary goal. If that is the case, focus on that first.See question
My friend has two kids with his ex and he works a lot so the courts deemed it better for the children to live with their mother. He has child support garnished from his checks monthly and loves his kids dearly, but there is too much tension betwee...
What you are asking about is a stepparent adoption. If the mother has remarried she and her new husband can petition for new husband to adopt the step children. This will effectively substitute the new husband for the biological father and END ALL HIS LEGAL RIGHTS AS A FATHER. So if your friend is ok with being completely cut out of the picture for the rest of the children's lives (they can contact him voluntarily) then he might want to consider this, if the new husband also wants to take on the responsibility. But make no mistake, this is a drastic step that isn't going to solve the inconveniences of parenting time conflicts or let your friend enjoy fatherhood without financial obligations. Is also puts very young children in a potentially vulnerable position of not having the protection of their biological father if things fall apart with mom and new husband.
What your friend really needs to do is go to court and explain to the judge the problems that he is having with getting his parenting time. The judge can tell mother that it is none of her business whether you are at home or not and clarify what rights your friend does have as the biological father. There are forms at the courthouse he can use to bring these matters to the attention of the court as often as he needs to. (I am not suggesting running to court for small issues, but at least get the big issues in front of a judge as often as necessary.)
As for her trying a step parent adoption - this won't happen until she marries the new boyfriend and can't happen if your friend objects.
As for child support - it is based on the child support calculation tables and mother can't arbitrarily ask for more support and get it. It depends on the relative income AND RESOURCES of both parties. If new boyfriend is contributing to the income available to mom's household, in effect lowering her cost of living, that can be brought out in child support hearing and may be grounds for a downward deviation in the support ordered.
Bottom line, your friend needs to consult with an experienced family law attorney and figure out his gest course of action.See question
son to whom is only 15 years old was dating a girl that is 19 years old she became pregnant with his child then broke up with him. She stated that he will have no access to his child .
Your son, once the child is born and he is established as the biological father will have an absolute ride to see and parent his child. He will also have an obilgation to pay child support for that child that will continue at least until the child is 18, possibly until the child is age 21 if the child stays in school. So just wait until the child is born. Then there are several options. If the mother will consent to having him put on the birth certificate as the father or will agree to sign an affidavit of paternity that will establish him as the biological father. I would caution you to consider that he may not be the biological father and I wouldn't risk having him be legally obligated to support a child that isn't his no matter how "sure" you are that he is the father. Instead I would go to the child support enforcement folks in the district attorney's office and ask them to establish through a paternity test that you son is the father. After that, he will be obligated to pay child support but that will happen anyway. This will at least make sure that a paternity test is used to confirm he is the biological father before he takes on that role legally. Once his paternity is established, ideally after a paternity DNA blood test, then he will be able to file with the court for additional court orders allowing him specific parenting time with the child.
As for the possible criminal charges for the 19 year old - that may or may not ensue. I don't think it serves any purpose for you or your son to invite a police investigation unless you feel that the 19 year old has a pattern of being a sexual predator of under-aged boys. Someone else might report it to the police and there really isn't anything you can do to prevent that. If mom is charged and convicted she might face being categorized as a sexual offender for the rest of her life. You might want to talk to a lawyer that does criminal lawyer, and particularly has experience with sex related crimes, to get more information as to what is likely to happen to the mother.See question
I was served with divorce papers so I filled an ex parte status quo with my response the judge approved it, and signed it, and the child is still being kept from me. Does she have to comply with the order immediately because the judge signed it an...
We don't have any way of reading the exact wording of the order the Judge signed. If it is something generic that just says that neither parent shall change the normal routine of the child then it is too vague to ask for police assistance to enforce it. If the order is very specific and says you have custody and the other parent only gets the child and specific days at specific times, then you can get a certified copy of the order and take it to the police and ask them to help you retrieve your child on the days the child is supposed to be with you per the exact language in the order. I suspect what you got is something vague and generic. You probably will need to consult with an attorney and figure out what you need to file to get a hearing that will settle once and for all who has temporary custody of the child while the divorce case is pending. Time is of the essence so you need to act quickly. If you were the primary parent the child resided with up until the other parent filed the divorce papers and tried to "change' the status quo - you will want to get this in fornt of a judge as soon as possible to reverse this recent change. The longer the new situation drags on the more likely it will become the new normal by the time the divorce comes up for trial months after the initial filing. Go and see an attorney for assistance immediately. Remember you can limit your cost to paying for advice and then trying to file your own paperwork. Seeing an attorney does not necessarily mean hiring the attorney to handle the entire case and coming up with a large retainer.See question
Daughter is incarcerated the children are living with Uncle and Fathers Uncle decides to petition for guardianship and daughter didn't get the papers signed and sent back in time to deny it. Now the children are going to be torn away from a secur...
There may be a way to set aside the current judgment/order regarding guardianship or to otherwise petition for a modification. What is not clear to me is why the uncle that was caring for the children didn't intervene regardless of what mother was doing with the paperwork that she recieved. Also I am wondering if the court was made aware that the children had been placed with the maternal uncle and were safe and secure. A primary rule is that the court has not jurisdiction to interfere with the placement of the children by the biological parent if the children are being safely cared for. So I suspect that the court was either not made aware of all the facts or there are other facts that your summary doesn't include that Father's uncle put in his Petition that informed the court that the current placement was not safe and secure for the children. Whatever the actual story is, someone will have to hire and attorney to review the situation and give them advice as to how they might proceed at this point.See question
I am on SSI,disabled and received an inheritance 2 years ago,and put it in a self settled special needs trust fund to preserve my benefits which Inwas assured it would. However, I was blindsided a few months ago when HUD did my income review and c...
Consult with an elder law attorney in your area. I do elder law but haven't dealt with this exact issue myself. I understand what you are talking about, ie section 8 housing. I went round and round with a section 8 worker trying to figure out how this would effect another client of mine and never really got a concrete answer. Someone in the elder law community should have more knowledge about this. I will tell you that when I was dealing with this I found the attorneys that worked for legal aid had more experience with section 8 housing issues - try talking to Lane County Legal Aid.See question
my mother died without a will and my brother was named representative. he claims I am legally obligated to return my mothers car to the estate. is this so?
Unfortunately without all the details of how you came to be in possession of the car, it is impossible to answer your question. Please consult with an attorney in your area.See question
A caregiver reported my sister to APS and they did an investigation and found my sister to be criminally negligent in the care of our mother who has dementia. My sister was with my mother two days a week and lived with her in her home. The rest of...
The investigation by APS is not a conclusive determination. It is just their finding. The criminal system will have to make the final determination. The DPOA was a document your mother made that gave both of you legal power over your mother's assets. In the course of the criminal proceeding if the court is made aware of the DPOA the court may issue a restraining order which will prohibit your sister from taking any action with respect to your mother's financial situation. You should make the DA aware of the DPOA and ask them to bring this to the court's attention. The ultimate way to change the DPOA at this point, since your mother isn't competent so she can't change or revoke it, would be to file with the court to set up a guardianship and conservatorship to replace the DPOA. This can be pretty expensive. Also you might want to talk to an attorney first because you may still be able to operate as the remaining DPOA designee without your sister's consent being necessary. It really depends on how the DPOA is worded. See and attorney and figure out your options.See question
My daughter died after 2 days of what people thought was food poisoning. Her insulin pump was not working and she was ill from Diabetic Ketoacidosis. No one in the home tried to contact any medical help for her.
First, there isn't enough information to be able to answer your question. It sounds like the police should be contacted to investigate the situation and determine if someone failed to seek medical help when it was obvious that the person was in distress. We also don't know why your daughter, presumably and adult, didn't seek help for herself before she was too incapacitated to do something although I can imagine if she didn't know that her pump wasn't working she might not have realized she had a problem while she was still able to get help.
As for seeking a wrongful death claim, unless the roomate has a lot of money or an big insurance policy that might pay out, it would be a waste of time and money. You have to prove liability AND have a way to collect any judgment you get. Also be aware that the wrongful death case are governed by a strict statute and the only people that receive the money are those named as recipients in the statute. Go to this link and read ORS 30.020: https://www.oregonlegislature.gov/bills_laws/ors/ors030.htmlSee question