A: I am so sorry to hear of your dilemma. You will need to consult with an attorney in your area to determine whether you have unwittingly undermined your claim by trying to present your claim without legal representation. Generally, whenever there is a motion to modify custody, you as the moving party have the burden to show that there has been a substantial change of circumstance since the time of the original award of custody. You must prove that the changed condition relates to your or Mother’s capacity to properly care for the child.
To qualify as a change of circumstances for custody modification purposes, events must be unanticipated and must have arisen since the last order. Once the moving party demonstrates a substantial change of circumstances, then court engages in the second step of the analysis--whether the modification is in the child's best interests.
ORS 107.137 governs child custody determinations, and provides, in part:
(1) In determining custody of a minor child, the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:
(a) The emotional ties between the child and other family members;
(b) The interest of the parties in and attitude toward the child;
( c) The desirability of continuing an existing relationship;
(d) The abuse of one parent by the other;
(e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and
(f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
ORS 107.137(2) provides, in part: “The best interests and welfare of the child in a custody matter shall not be determined by isolating any one of the relevant factors referred to in subsection (1) of this section, or any other relevant factor, and relying on it to the exclusion of other factors. However if a parent has committed abuse, as defined in ORS 107.705, there is a rebuttable presumption that it is not in the best interests and welfare of the child to award sole or joint custody of the child to the parent who committed the abuse.
Your claims involve abuse and neglect. It is urgent that you speak with an attorney to determine your best course of action.
A: As the owner of the vehicle, you are generally liable for the actions of persons you permit or allow to use the vehicle. You do not want your brother's legal and financial problems to become your legal and financial problems. Steve Dashiak's answer is spot on. There's an old Shakespearean adage: What tangled webs we weave when we practice to deceive. This would certainly make for some awkward moments around the family dinner table when your niece or nephew learn that you received their father's assets so he could avoid paying child support for them. I recommend you consult with an attorney in your area to discuss this more specifically.
A: It is now possible under Oregon's "harmless error" statute that a written document that is not signed in the presence of, and by two qualified witnesses may be a valid will.
The question is whether there is clear and convincing evidence that the testator intended the specific writing at issue to be his or her will at the time of its creation. The clear and convincing evidence standard requires more than presenting the document itself or the document and an authenticated signature.
You should consult with an attorney who can evaluate the evidence and circumstances specific to your case.