I have filed the Petition for Appointment of Guardian for my 7 year old granddaughter who has lived with me for three months now. In the packet I downloaded for the Marion County site, it says I have to serve her with the papers. I have a friend w...
Take the papers to the sheriff in the county where mom lives and let them have their civil process division do the service. They are experienced at serving papers. It would help if you would tell the sherriff the other places mom is likely to be during the day, such as where she works. If that doesn't work you will need to hire an attorney to help you get an order from the court allowing a substituted form of service. The clerk of the court is correct that you need to personally serve the mother if that is possible.
You have other potential challenges ahead. A biological parent has a constitutional right to parent their child and if the mother shows up to court and states that she objects to you trying to be appointed guardian, you may well lost the case. i would talk to an attorney about this situation before proceeding. It may be better for you to wait a few more months and then file to be awarded custody as the psychological parent. Please consult with and attorney in your area.See question
This is a 2 part question...My fiancees Ex wife filed for divorce being completely unreasonable. She won't let him take their 1 year old anywhere with out her (the ex) going to. If he wants to see the baby he has to spend that time with the ex rig...
Your fiancee can call the Oregon State Bar, 503-620-0222, and get connected with an attorney that will at least talk to him one time for $35.00 through the lawyer referral program. This information was written on the summons that he was served with when his ex filed the divorce.See question
The ex refused to let my fiancee to have visitation with their 16 month old. He hasn't gotten to see his baby in 9 months. He filed his response to the divorce over 3 months ago, and we've heard nothing back. What can we do to get visitation in th...
If he isn't already represented by an attorney he needs to hire an attorney. He should have filed a petition for a hearing on temporary custody/parenting time when he filed his divorce. He needs to get something going to get a court to order temporary parenting time. An attorney can tell him how to get that going.See question
I live in Oregon, and my mom lives in Pennsylvania. My grandmother currently has custody over me but would like to transfer custody to my mom. Will this take longer due to the distance? How long does it usually take?
We simply can't answer this without knowing all the facts. For example, a change in custody would normally require notification of the biological father and there would need to be time allowed for the father to intervene. So we don't know if this is an issue in your situation. Also if the current custody situation was established as a result of a juvenile court proceeding where you were removed from your mother's custody out of concerns for your welfare, I would expect that the Juvenile court would need to be involved in any subsequent changes and juvenile court processes can take a long time.
There is something else to consider. A custodial parent or person can allow the child in their custody to "visit" another adult. So it is possible that, absent something in a court order that prohibits you from living with your mother, that your grandmother could do an informal arrangement where you can go and stay with your mother even though your grandmother still has legal custody. It would be better to transfer custody, but this is another option.
Your grandmother should consult with an attorney and get legal advice.See question
My Mother owned(s) a mobile home that is located in a park, she recently passed away. The park manager is not allowing me to access my mothers home (i guess technically my home because I was the next of kin and have the title to the mobile home) s...
Speak to a probate attorney immediately. Be prepared to invest some money in getting legal assistance from the attorney. It is quite likely that your mother's estate is small enough that you will be able to file a small estate's affidavit and that will give you the authority to deal with your mother's property and her creditors. Whether or not the landlady is acting inappropriately depends on the landlord tenant law and that is not my expertise so I can't advise you on that. But if she did take your mother's property unlawfully you may have a legal action against her. That could be expensive to bring however, but it would be my hope that a phone call from the attorney you hire to assist you would straighten things out.See question
Have an order stating, neither parent can take kids out of state, mother has. Called police and they say it's a civil matter? She has totally disregarded court orders? Can she get in trouble for this?
What isn't clear is whether you are talking about a temporary trip that crosses the State border or a permanent move to another State. Normal parenting time orders don't restrict a parent from traveling and leaving Oregon with the children for a temporary trip. So unless there is some very unusual reason to say a parent can't travel outside of Oregon, bringing this matter back to court isn't going to get much of a reaction.
Now if you are talking about a move to live somewhere else which is more than 60 miles from the other parent, you should effeminately take that to court and maybe ask for the court to award you custody. Without knowing more about the situation I can't predict if that is likely to happen. But it could.
The normal restriction in a custody/parenting time order or agreement is that the other parent won't move with the children more than 60 miles from where the currently live without giving the non-custodial parent some type of advanced written notice. Typically 30 days advance notice.
In any case, if this is a move, rather than a vacation, you want to get the matter back in front of a Judge to discuss whether the court will side with you and return the children to live with you, or if the court will instead address the new living situation and modify the parenting time. FYI the last court that ruled on the case continues to have jurisdiction with respect to any orders that concern the children. The move does not change this.See question
My ex was court ordered one hour a week visits with my daughter with my mom supervising. When he called to arrange a time for today, my mom told him today wouldn't work cause she is working all day. He is now threatening how this will go against...
You, not your mother, have a duty to make sure that the other parent gets regular visitation with your joint child. If your mother was supposed to supervise and that doesn't seem to be working, you have an obligation to work out a better arrangement with your ex and maybe have an alternative person available for the supervised visits or make an agreement with your ex and your mother for a firm commitment to one day a week for these visits. While you aren't responsible for your mother's work schedule, it is passive aggressive for you to just sit by and tell your ex, "sorry my mom is working that day so you just can't visit." You do have a responsibility to come up with a plan that will guarantee your ex their weekly visits with a firm commitment. Also on hour a week is ridiculous. It just isn't enough time. I would suggest at least two supervised visits a week. I don't know how old your daughter is, but if she is not an infant, the visits should be a few hours so that she can do something meaningful with the father, like go to a park, go to a movie, etc. The supervising adult should be included in the activity. I also think it may not be a good idea that your mother is the one supervising. Most likely your mother can't be neutral and nonjudgmental. It really needs to be a neutral non-judgmental adult doing the supervising.See question
We live in in my fiance grandpa's house, the loan is far over due. But we got a letter from Multnomah County saying that the back taxes need to be paid within the next three weeks as it amount of $3,000 or it will go on foreclosure listing and the...
If both the back taxes and the loan are overdue, which is what I assume you are talking about, you might still be able to save the house, or at least your finance's grandpa might be able to save the house. He would need to talk to a bankruptcy attorney and most likely they will recommend filing a chapter 13 bankruptcy where monthly payments can be made toward the current payment and toward the arrearage. The bankruptcy attorney may even be able to suggest programs that will help save the house from foreclosure by doing a refinance. Also Multnomah County also senior citizens over a certain age to get a property tax deferment so they don't have to pay the property taxes until they either die or sell the house.
As for the timeline you have if you do nothing, I really can't tell you specifically. All I can tell you is you just continue to live there. Even when the house is sold you may be able to live there. Either the lender or the new buyer will have to do an FED eviction process before you have to move out. So you can stay until you are served papers for the FED eviction process. The paperwork should tell you how much time you have to vacate or ask for a hearing. If you ask for a hearing you can ask the Judge for a certain amount of time to move, but don't expect more than 30 days, maybe less. So I would be prepared to move on short notice just to be safe. Technically once the house is sold to a new owner through the foreclosure process, who is ever still living in the house is deemed to be a month to month tenant, so they have to do an FED eviction process just like any other landlord.See question
Abusive ex was in jail, they let him out early without notifying me and his po did not even know. He was supposed to get a monitoring system but he ran and never checked in for post jail probation. He had said he would kill myself and my daughter ...
Since you haven't been harmed yet it is doubtful that a lawyer will take this case. You need to focus on your safety. If you haven't already done this go to the Washington County Courthouse and get a family abuse restraining order. In the meantime I would move to a location where your ex won't know you are, and sleep there. Take other steps to avoid being anywhere that your ex could look for you. He is wanted by the police for not getting the monitoring system most likely so it is just a matter of time before he is arrested. Stay alert and report any sightings of him to the police. Just stay safe.See question