Archived
If a non-custodial parent has moved states but has not updated the visitation plan, does visitation still have to happen?
Jay's answer
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Answered on May 26, 2016
A parent's move can be a basis for modifying a custody and parenting time order. The legal standard for such modifications is the best interests of...
Do I have to comply with a mailed subpoena on a domestic violence issue?
Jay's answer
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Answered on May 25, 2016
Subpoenas can be served by mail under certain circumstances. Under ORCP 55 D(3), a subpoena can be served by mail, and still be effective, if it is...
Archived
So typo's and/or unfair drafts by evil divorce lawyers become court ordered? How is this fair?
Jay's answer
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Answered on May 25, 2016
"How is this fair" is not really a question we can answer here. You could have filed a motion for relief from judgment under ORCP 71 if you had a...
Archived
Can a circuit court judge override a federal law?
Jay's answer
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Answered on May 25, 2016
If your child's mother is not a medical doctor, then you won't be able to sue her for "medical negligence" in its literal meaning. I presume that...
Archived
I think my attorney neglected my legal matter. Now that trial is over, is there any recourse? What actions would be recommended?
Jay's answer
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Answered on May 25, 2016
All attorneys who practice law in Oregon must carry malpractice liability insurance through the Oregon State Bar's Professional Liability Fund. The...
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Archived
Can a judge recall a matter after a dismissal if the petitioner chose not to appear in the courtroom?
Jay's answer
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Answered on May 24, 2016
A judge "can" do just about anything, in their courtroom. What you can do in response is another matter. It's not quite clear from your description...
Archived
How would I go about fight for custody or file a new parenting plan ?
Jay's answer
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Answered on May 24, 2016
To modify a parenting plan or custody judgment, you must file a motion for an order to show cause, along with a proposed order to show cause and an...
Archived
How do o undo what he has dun
find out what he has don
Jay's answer
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Answered on May 24, 2016
I'm afraid there isn't nearly enough information here to give any meaningful response. (Please see this Guide:...
Archived
Can she take my social security
Jay's answer
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Answered on May 24, 2016
Yes, possibly. A divorce court can order spousal support to be paid from any source of income. (Oregon law doesn't use the term "alimony" anymore;...
Archived
Is the Judge wrong? Do i appeal? If i win an appeal who do i file attorney fees against? The judge that was wrong or the father?
Jay's answer
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Answered on May 24, 2016
In order to successfully appeal a court's ruling, you must file a notice of appeal within 30 days of the judgment or order being entered. If you do...
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