Claimed Lawyer ProfileQ&A
- Personal Injury
- Estate Planning
- Family Law
- Nursing Home Abuse & Neglect
- Medical Malpractice
- Elder Law
- Domestic Violence
Additional Practice Area
- Car Accidents
- Free Consultation
Free 15 minute initial telephone consultation
- Credit Cards Accepted
- Contingent Fees
Contingent fees in all injury and accident cases.
- Rates, Retainers and Additional Information
Competitive rates for high quality legal services. Often, fees may be shifted to opposing party.
Jurisdictions Admitted to Practice
- Vincent J. Bernabei LLC
- - Current
- Kennedy King & Zimmer
- Boettcher, LaLonde
- Lewis & Clark Law School
- University of Nevada-Reno
- Outstanding Volunteer
- Multnomah Bar Association
- Washington State Bar # 14649
- - Current
- Oregon State Bar
- - Current
Websites & Blogs
159 Questions Answered
- Q. we have joint custody, i want to take my son a vacation that will include 3 of his dads days, am I allowed?
- A: You are obligated to follow the terms of the court's judgment unless both parents agree otherwise. If the child's father won't agree to alter the schedule, then your only options are to ask the court to modify the judgment or you live with the terms of the judgment as it is written. You should carefully review your judgment, since there may be provisions in there that will assist you in trying to work out a mutually acceptable schedule. It is important that your child observes that both of his parents are willing to work together to solve issues like this. You may want to consider mediation to see if a compromise can be reached. If all else fails, then and only then should you ask the court to resolve the dispute.
- Q. My brother passed without a will, but wanted me to be the executor of his estate.
- A: You can petition the court to be appointed as the personal representative (executor) of your brother's estate. If he was not married when he died and his adult child does not affirmatively consent to your appointment, you have to give her written notice of your petition, and she will have an opportunity to object. If she doesn't object, then the court will appoint you as personal representative of the estate. Your brother's next of kin is adult child, and she will be entitled to serve as personal representative of the estate if she wants and assuming she is otherwise qualified to serve (and able to get a bond if necessary). If your brother was not married and had only one child when he died, his child will receive everything in the estate, after expenses of administration and claims of creditors are paid.
- Q. I just got divorced & the judge put my income as twice what it actually is to calculate child support. Is this legal?
- A: The judge has ruled and you are bound by the decision. You can appeal the judgment if the court's decision is not supported by substantial evidence and fewer than 30 days have elapsed since the judgment was entered. You may also file a motion to modify the order if your or the other parent's economic circumstances have substantially changed since the support order was entered.
- Q. i live in washington and my ex husband has custody of our children and they live in oregon...how do i appeal the custody
- A: Once a court makes a custody determination, that court has exclusive, continuing jurisdiction to make all future custody decisions regarding the same children. The only exception is if the children and both parents no longer reside in that state. You will therefore have to file your modification action in Oregon. If you want to appeal the Oregon court's judgment, you must file and serve a notice of appeal within 30 days of entry of the Oregon judgment.
- Q. My son was involved in a car accident on a rural road running the stop sign. The stop sign was covered by trees.
- A: I am sorry to hear of your son's accident. It is unlikely that your son would be charged with assault, and even more unlikely that he would be convicted of assault under the circumstances you describe. The others who were injured may have a claim against your son if he was negligent in causing the accident. Those claims, if brought, should be covered by your son's automobile insurance. Your son may have a claim against the landowner who allowed the trees to obstruct the view of the stop sign. If you have not done so already, you should consult with an experienced personal injury lawyer right away, and you should get pictures of the stop sign obstructed by the trees right away.
- Q. Unmarried father, on birth certificate, want to move my sons back to Cali where both sets of gparents are. No court ordr
- A: California and Oregon follow the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). Under the UCCJEA, the state where the children have resided for the past six consecutive months is the state where any custody issues should be determined. If you move the children to CA, and within six months of the move the mother files a custody proceeding in OR, you likely will have to return to OR to argue about custody and parenting time. You should therefore consider establishing your custody rights in an OR court before you move. If the mother of the children does not file for custody in OR within six months after you have moved to CA, then after six months, the CA court will have jurisdiction under the UCCJEA to determine custody of the children.
- Q. How to request a new spousal support hearing after the ex husband committed perjury (she has legal proof)
- A: You can provide support and encouragement and perhaps even financial assistance, but it is up to the woman to pursue her case and enforce her support award. She, not you, should contact a family law attorney in her area to determine her best course of action.
- Q. How can I get custody of my niece and nephew?
- A: You could file a petition for custody and support of the children, or intervene in any court proceeding involving the children that has already been initiated. Oregon law provides that any person, including but not limited to a related relative by blood or marriage, who has established emotional ties creating a child-parent relationship or an ongoing personal relationship with a child may petition or file a motion for intervention with the court having jurisdiction over the child, or if no such proceedings are pending, may petition the court for the county in which the child resides, for an order providing for custody, parenting time and support. These are difficult and complex cases, so you should consult with an experienced family law attorney in your area.
- Q. Can I sue Walmart?
- A: You may have a valid claim against Walmart for false arrest and related claims. You should contact an attorney in your area to determine whether your claim is worth pursuing. It is truly unfortunate that you had to go through such an ordeal because of faulty eyewitness evidence. Studies repeatedly show that eyewitnesses to startling events often fail to identify the correct culprit, and that eyewitness testimony is easily susceptible to manipulation.
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