I live and work in Pendleton, OR, and also practice out of our Hermiston Office Location. I specialize in Family Law, including divorce, custody, parenting time, spousal and child support, asset division, and more. I offer low cost consultations and provide dedicated service to my clients. Experience the difference my legal services provide.
- Family Law
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- Clooten Law, LLC
- - Current
- Associate Attorney
- Grable Hantke & Hansen
- University of Oregon School of Law
- J.D. (2013) | Family Law
- University of Colorado - Boulder
- B.S. (2006) | English Literature
- Oregon State Bar # 133722
- Clooten Law, LLC - Divorce, Custody, Bankruptcy
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- Q. Does the father of a child need to give up his rights to the mom to help keep the grandparents from getting custody
- A: I would need a lot more factual background to answer this question. What contact have the parties had with the child? Where is the child currently? Who is the primary caretaker?
- Q. Do I have to contact the other parent for a time to pick up his kid, if he does not call or text for his parenting time?
- A: This is a tricky situation. On one hand, you do not want to be the parent who is not facilitating a relationship between the child and the father, but if he really wanted his time, he would be more communicative. He needs to be the adult in the situation and make the effort in my opinion. I would text him with a time that works for you weekly and ask him to let you know if that won't work at least a day in advance, and to schedule a different time with you. That way, you can let him know that you plan to follow the plan, but that he will have to take steps to schedule a different time with you.
- Q. I have a custody order in Oregon, I was awarded sole legal and sole physical custody. Other parent currently has
- A: If the judge did approve that you do not have to give statutory notice, then you do not. The custody order in Oregon is valid in any state. You may want to register it as a foreign judgment in the new state. You would need to contact an attorney in the new state about that paperwork, but it is fairly simple generally. You will still need to abide by the current parenting time, though, unless you file a modification allowing you to change the parenting time. Otherwise you would be violating a court order. While you do not have to give notice, you cannot unilaterally change the parenting time plan because of a move unless there is a provision in the judgment to do so.
- Q. I need to know if my daughters father can take her without my permission? She is only three.
- A: If there is no custody order in place then there is nothing to enforce and he could take her. I would suggest filing for custody immediately alone with a temporary order of restraint (status quo) in order to have a signed parenting time plan. Also, if he is driving drunk with her, there may be a reason to file for immediate danger if this is a common event.
- Q. My son had his first child Valentine's day of 2019. The mother did not put him on the birth certificate (Oregon)
- A: If your son wants to have any guaranteed relationship with the child then he should file immediately. The longer he waits and does not have parenting time, the more difficult the argument gets that he should have significant time with the child. Of course, this does open up the liability to pay child support, but if it is his child, he should be paying support. I suggest going to the Oregon Child Support Calculator online to see what he would possibly be paying, though I would further suggest talking to an attorney about what income he could be imputed as well as the other factors related to a child support calculation. Bear in mind, he could be liable for the expenses of the birth as well.
- Q. I have sole legal custody of my daughter, dad has parenting time. What can I do if he refuses to give her back to me?
- A: I would have to see the language in the judgment, but generally a parent is committing custodial interference if they do not abide by the parenting time plan, and the police should get involved, though sometimes you have to petition the court for a writ of assistance. I would advise hiring or at least consulting with an attorney prior to applying for a writ of assistance. Regarding the threats, you can file for a modification of parenting time and ask that it be supervised, but considering nothing has actually happened yet, it would be a difficult argument. Make sure to keep any record of these threats.
- Q. Is it legal for a 16 year old about to be 17 to date a just turned 23 year old as long as no sexual actions are commited
- A: I agree with Ms. Reisman. It's legal but a very bad idea. If you do want to continue dating, I suggest that you go on group dates in public with other friends that are trustworthy. Meet at the public place and have the minor transport themselves or have a family member or friend of theirs transport them. The probability of a false accusation on the minor's part is extremely low, but anyone can make the accusation and you could be at risk of having to register as a sex offender, which will make finding a job, home, ect. very difficult. If I were you, I'd just wait another year or find a more age-appropriate person to date.
- Q. If a judge in oregon is presented a restraining order thats from washington Do they have the option to uphold it or not
- A: There is a lot of information that is needed to provide a full answer. In general, Oregon restraining orders are only good if there has been abuse of one party by the other. The children are obviously involved, but a restraining order likely wouldn't be upheld if it is based on abuse of the children alone. That would be something that would be addressed in an immediate danger filing. I am not sure where this other order is from, so I cannot comment on the requirements for that jurisdiction. If there is a restraining order in another jurisdiction, it should be followed in all states. So the fact pattern here does not include the filings that led to custody being awarded to the father.
- Q. If I accept child support does it entitle the father to more visitation rights?
- A: The short answer is no. He would have to file with the circuit court to obtain court-ordered visitation.