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. 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.
- Q. If CPS illegally took my child can you sue at any time before or after trial?
- A: What was the basis of the action at the shelter hearing?
- Q. if you pay $600 a month in child support, you pay for the children's health insurance, cover half the cost of daycare
- A: It really depends on whether there is a judgment. If there is a judgment, and that is all the judgment requires you to pay, then no.
- Q. He has agreed to split pension 50/50 & told me an amount and it seems low. He has 18yrs teaching. Can I find out balance
- A: What you will need to do is ask for the latest statement through the discovery process. He is supposed to provide you with that within thirty days of service of the petition for dissolution. Also, if it is a PERS Tier 1 or Tier 2 account, the face amount is usually much lower that the actuarial value of the account. If he refuses to provide the statement, you can file a motion to compel production of the document with the court. Although, if it is a PERS account, and he is offering equal portions rather than a specific amount, the forms will divide whatever the account is currently worth. I would recommend speaking to an attorney about your matter, as retirement accounts are often complicated, and once divided, it is difficult to change the judgment.
- Q. I just won custody of my daughter this morning. Can I have her live with my mother until I get our home next month?
- A: If you are the sole custodian, that means that you make the decision as to where the child lives. However, you want to be careful about the amount of time you are not with the child, because being away that long could reflect poorly in future proceedings if there are any. Additionally, if there is a provision in your parenting time plan that each party gets the first right of refusal for providing care in the even that the other parent cannot, you will have to abide by that provision.
- Q. Married to a man who was not bio father of children. Bio dad wants to be on birth certificate. Easy way to do this?
- A: You can ask him to file a Voluntary Acknowledgment of Paternity with the Oregon Vital Records office, you can file a motion to establish paternity, or you can go through the Department of Child Support to try and establish child support.
- Q. If a child has no legal father, can the child be adopted by their mother's husband when she gets married?
- A: Adoption terminates a parent's legal rights to a child. If there is no legal father, there are no rights to terminate. However, it is best practice, if the father is known, to have him served with the petition. If he has had no interaction with the child for at least one year, the adoption should go through. Keep in mind, adoption is a complicated process, and you would be giving rights to the soon-to-be husband that would much more difficult to reverse.
- Q. Medical neglect Child has badly ingrown toenail known since june by mother and dr there. Not treated until with father.
- A: I am not sure that it would constitute neglect in the way that child protective services would define it. It is certainly concerning, and you should read the parenting time plan to see if there is a provision for providing and administering any medication prescribed by a doctor.