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A child custody evaluation involves having an evaluator – usually a mental health professional or a social worker – observe the parent and child interactions, inspect the parent’s home, and talk to people who know the parent, the child or both. The evaluator then writes a recommendation for the court concerning the custody and visitation arrangements. Custody evaluations are ordered by the family court judge overseeing the custody case. While the judge can decide to order a custody evaluation on their own, parents can also request a child custody evaluation if they have concerns about their child’s wellbeing in the care of the other parent. Take a look at some scenarios in which you might need to request a child custody evaluation.

When Abuse is a Possibility
One very good reason to request a child custody evaluation is when there may be a possibility of abuse. If your ex has been abusive in the past, you have reason to worry that they may also be abusive in the future. Even if your ex has never abused your children, if they’ve abused you, it’s important to consider the possibility that they may abuse the children if you aren’t available.

Requesting an evaluation is one way to make sure that your children are protected. The evaluator will have a chance to talk to your kids, observe their interactions with the other parent, and talk to teachers, family members, and friends to find out whether or not your children are at risk. Because an evaluator is a neutral third party, their recommendation should be free of bias. This helps prevent accusations that one parent is making up accusations of abuse just to gain an advantage in court.

When You Suspect Substance Abuse
Substance abuse by a parent puts the child at risk of neglect or exposure to various hazards. Parents who struggle with substance abuse issues may be loving parents who should have contact with their children, but they may not be capable of properly supervising those children when they’re actively using substances. Deciding how to handle custody and visitation when addiction issues are present is difficult, especially when you’re no longer living with your ex and don’t know for sure if they’re currently abusing substances or not.

Requesting an evaluation is one way to find out the truth of the situation. The evaluator will need to determine if the parent shows signs of active addiction, if they’re taking any steps to deal with their addiction, and if they have a safe home or suitable place to spend time with the children. If the evaluator finds signs of substance abuse, they may recommend supervised visitation so that you can be sure that your children are safe while visiting with their other parent.

When You Can’t Come to An Agreement
Sometimes it can be difficult for even two well-intentioned parents to come to a suitable agreement when it comes to custody and visitation arrangements. Generally, if you and your child’s other parent can’t agree, the judge will settle the matter. However, there are some cases in which you may want an evaluator’s recommendation before the judge makes a decision.

For example, if the custodial parent wants visitation to only happen on weekends, but the noncustodial parent works weekends and wants visitation days during the week, the custodial parent may be concerned about possible disruption to the child’s school schedule. An evaluator could consider both parents’ concerns, their living situations, their options as far as transporting the child to and from school, and any other factors, and then make a recommendation for how noncustodial parent can have visitation without disrupting the school schedule.

When Someone Wants to Make a Big Change
Another common reason to ask for a custody evaluation is when there is a serious change to the custody arrangement on the table. For example, if your child’s other parent decides to move out of the state, they may request visitation on summer vacations and holidays rather than every other weekend. If you’re opposed to such a change, or you’re worried that it might have a negative effect on your child, you might want to request an evaluation. The evaluator can decide whether the disruption caused by the change in visitation schedules outweighs the possible negative effects of having far less contact with the parent moving out of state.

When There are Disagreements Over Medical Issues
When it comes to medical questions, it’s possible for two parents who both want what’s best for their child to approach things from very different angles and come to very different conclusions about the best course of action. For example, one parent may feel very strongly about vaccinating their child and the other might feel very strongly about not vaccinating them.

It gets even more complicated when the child has a medical condition that needs treatment. If one parent is a Jehovah’s Witness and one is not, who decides whether the child should receive a blood transfusion. If the child has a terminal illness, which parent decides whether or not they should have a Do Not Resuscitate order? What about experimental treatments – if one parent is willing to risk side effects or bad outcomes and the other is not, who gets to choose?

These are difficult questions to answer even between married couples, let alone between co-parenting divorced couples. It’s typical for parents to share legal custody – the ability to make important decisions, like medical decisions, for their child – even when they don’t share physical custody, so when there’s a disagreement over how to proceed, the question can wind up being answered by a court. A custody evaluator will have to make a recommendation that they believe to be in the best interests of the child, regardless of either parents’ beliefs about the issue. Requesting a custody evaluation in such a case is a way to make sure that the final decision falls on the side of ensuring the well-being of the child.

If you’re involved in a custody dispute and want a child custody evaluation, a legal resource group like National Family Solutions can help you find the paperwork you need and file the papers to request that the judge order an evaluation.

A debt collector is hounding you, seeking payment on a consumer debt you owe. Debt collection tactics can be annoying at best — and predatory, or even illegal, at worst.

It’s crucial to know how to handle debt collectors so you can assert your rights and choose the best way to manage your debt.

1. Don’t give in to pressure to pay on first contact

Just as you wouldn’t jump into a contract without understanding its terms, don’t rush to make a payment when a debt collector contacts you. Take time to think through your options.

“A lot of people are ashamed of having their debt, and that’s what debt collectors prey on,” says Ramon Khan, a former debt collector from Texas who now works in online marketing.

“They create that urgency and prey on those pain points to get you to pay something. At the end of the day, if you owe $50,000 or $100,000, they don’t really care that you’re going to pay all of it. If they can get you to pay part of it, that still works toward their quota.”

Don’t pay, don’t promise to pay and don’t give any payment information the collector may use later. Ask for information on the debt and say you’ll call back to discuss it later.

Making a single payment — even just $5 or $10 — is an acknowledgment of the debt and can have serious repercussions. If the debt is past the statute of limitations, for example, making a payment will reset that clock and could lead to a lawsuit or wage garnishment.

2. Gather the facts

When the original creditor sells a debt to a third party — which might go on to resell the debt again, and so on — record keeping often falls by the wayside. Many sold debts have errors about the amount owed or even who owes it.

Debt collection practices are the largest source of consumer complaints to the Consumer Financial Protection Bureau as a result. More than 88,000 complaints were filed in 2016; the biggest reason was consumers being asked to pay debt they didn’t owe.

– Request a validation letter from the debt collector if you don’t receive one within five business days of first contact. It should include details on the debt, the collection company and how to challenge the debt.

– Gather your own records on the debt, if it’s yours, including information on the original creditor and your history of payments

– Keep good records of communication with the debt collector and any payments previously made. You may want to use certified mail for the best documentation.

3. Know your rights and how to use them

The Fair Debt Collection Practices Act is your ally. This law outlines your rights as a consumer and shields you from predatory collection tactics. For instance:

– Communication: You can specify how and when debt collectors can contact you — and that they cease communication altogether. Debt collectors are prohibited from using profane language or threatening violence.

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Honesty: Debt collectors cannot mislead you about who they are, how much money you owe or the legal repercussions of not paying your debt — for instance, by threatening arrest.

– Challenging the debt: You have a right to dispute the debt. If you challenge the debt within 30 days of first contact, the collector cannot ask for payment until the dispute is settled. After 30 days you can still challenge the debt, but the collector can seek payment while the dispute is being investigated.

– You can file a complaint with the CFPB if your protections under the FDCPA have been violated. Your state may offer additional consumer protections. Check with legal aid in your area or your state attorney general’s office.

Understand your federal and state protections in the debt collection process. Your state’s attorney general and the Federal Trade Commission are good resources.

Whether it’s sending a letter to debt collectors to request more information on the debt or demanding that a debt collector cease contact, know how to exercise your consumer rights — and don’t be afraid to do so.

Click here for details about obtaining a marriage license in Umatilla County.

According to the County:
Requirements:

Age
Legal age for marriage in the State of Oregon for both applicants is 18 years-of-age.
A seventeen-year-old can be married if the parent or guardian gives consent. The parent or guardian must be present at the time of purchase and must bring one form of valid photo ID and the child’s birth certificate.
Anyone not yet 17 years of age cannot be legally married in the State of Oregon.

Relations
Applicants cannot be first cousins or nearer kin.

Divorce
A license can be issued one day after the final date of a divorce. If you were previously married, you’ll need the exact date of your divorce to complete the application.

License:
Waiting Period
There is a three-day waiting period from the day the license is purchased until it can be used.

Expiration
Once the license is effective, it is valid for a 60-day period.

Certified Copy:
Legal Copies
The certified document is considered the legal copy, and can be used by the applicants to change their name on items like a driver’s license or social security card.

A decorative marriage certificate will be provided. This is not a legal document and may not be used as proof of marriage. If an issued license is lost or destroyed, it can be replaced at the Records office.

How are laws made?
Law is made by both the legislature and the courts. This occurs at both the state and federal levels. Law made by a judge in deciding cases is called common law. Decisions made by judges may be written and published in books and may be relied upon by lawyers and others in cases with similar facts. Judges or courts only have the power to make laws regarding cases presented before the court for a decision.

What happens after a law is passed?
Where legislatures have passed laws, courts must follow their laws unless the law violates the constitution. In many situations, when the law is unclear or does not adequately cover the facts of a case, the court will have to interpret the law.

How does the constitution affect laws?
Laws must not violate the constitution. The United States Constitution guarantees such things as the right to free speech, freedom of religion, and due process of law, which means the right to notice, and in most cases, a trial before one can be deprived of liberty or property.

What is the difference between civil and criminal law?
There is an important distinction between criminal laws and civil laws. Generally, in a criminal case, the case is brought by the government against an individual. The government brings criminal charges in order to protect society, punish the offender, or deter others from similar action. Civil law, or common law is generally used to help private citizens or businesses resolve disputes. For example, if you are in an automobile accident that was another driver’s fault, you may sue the other driver for money damages. The person who files a lawsuit is referred to as the “plaintiff” and the person being sued is the “defendant.”

What happens in a criminal case?
The United States Constitution states that an individual charged with a crime is presumed innocent until proven guilty. In addition, if an individual is charged with a crime for which loss of freedom may be imposed as a penalty, the accused has the right to have a court appointed attorney if the individual cannot afford an attorney. The government attorney is sometimes called “the prosecutor” or “District Attorney” or “U.S. Attorney.” Penalties for committing a crime vary with the seriousness of the crime and may include death (for aggravated murder), imprisonment, probation, or fines. The legislature sets forth sentencing guidelines, which help determine the punishment.

What happens in a civil case?
In a civil case, the plaintiff usually asks for money damages from the defendant, or asks the court to order the defendant to do something or not to do something from taking certain action. In a divorce case, the person filing the complaint may be asking the court to declare that the marriage is over, divide the marital property, determine child or spousal support, and resolve issues regarding custody and visitation of minor children. People are not sentenced to jail in a civil case unless, in a specific situation, a defendant willfully fails to obey a court order. When a civil lawsuit is filed with the court, the plaintiff must have a “summons” served on the defendant. The “summons,” which also includes a copy of the complaint filed with the court, is delivered to the defendant. In Oregon, the defendant has 30 days to file a paper called an “answer” or “motion” with the court. If the defendant fails to file an answer or motion, the plaintiff may automatically win. Sometimes, the time period to respond to a summons is shorter. If you are served with a summons, read it carefully to determine what action must be taken and when. You should consult with an attorney for advice and assistance in filing an answer to the summons and complaint.

What is Juvenile Court?
The Juvenile Court has authority over juveniles who commit acts which would be crimes if committed by adults. Under Oregon law, a juvenile is anyone under the age of eighteen who has not been legally emancipated. Some more serious crimes committed by a juvenile are now automatically deferred to adult court under recent legislation. The Juvenile Court’s jurisdiction also extends to juveniles who misbehave in some ways which would not be criminal if done by an adult. The Juvenile Court also has authority over juveniles who are dependent or have been abandoned by parents or subject to cruelty. This constitutes dependency jurisdiction. In circumstances of abuse, abandonment or neglect, juveniles may be made wards of the court and removed from the home temporarily or permanently. For more information on foster care and termination of parental rights, check here.

What about Small Claims Court?
Small claims court is a court in which disputes involving less than $3,500 are decided quickly and economically. The hearings are informal, and you do not need a lawyer. In fact, lawyers are allowed to represent people in small claims court only with special permission from the judge. Your lawyer can help you get ready for your small claims court case, organize your evidence for you, and advise you on what to say. For more information on small claims court, refer to legal topic Small Claims Court.

What is a subpoena?
If you have received a legal document called a subpoena from a process server, it is important that you know what a subpoena is and what it means to you. A subpoena is an order, issued by the court, that requires you to appear in person at a certain place date and time to testify as a witness about a particular case. You are required to appear at that place on the date and time listed on the subpoena. Should you fail to appear as directed by the subpoena, you could be found in contempt of court, which could lead to a jail term. For more information on subpoenas, read What is a Subpoena?

What does it mean to be a witness in a lawsuit?
A witness in a lawsuit has a very important job. As a witness, you must tell the truth to your best ability. A witness who knowingly does not tell the truth is subject to criminal prosecution. The lawyer calling you as a witness or other lawyers involved in the case may discuss the case with you before the trial. There is nothing improper about this. It is the lawyer’s job to try to find out before the trial what you know about the case. He/she can explain courtroom procedures to you. However, you do not have to talk to the lawyer before the trial if you do not wish to. For more information on being a witness, read What You Should Know About Being a Witness.

What happens on jury duty?
Oregon’s lawyers and judges have prepared the Handbook for Jurors. This handbook, produced by the Oregon State Bar, provides an overview of the jury selection and examination processes; the stages of a trial; evidence and objections to evidence; conduct of jurors in and out of the jury room; an explanation of different state and federal courts; and a glossary of legal terms of the court.

If I need a lawyer, how do I find one?
If you have questions about your legal rights and responsibilities, contact an attorney. For information on finding an attorney, go to How to Find Legal Help in Oregon. For information on working with a lawyer, read the OSB’s legal links pamphlet, You and Your Lawyer.

There is no doubt about it, divorce is a stressful time, an emotional roller coaster that often makes you feel as if you are going crazy. That is why you will probably need advice from family lawyers to make sure you know exactly what you need to do to facilitate matters and to understand what your rights are.

It is a sad fact that many once happy couples need to seek out a law firm such as Clooten Law to help with a divorce – and then may think they will never be happy again. But life moves on and you will find as time goes by, you can adapt and have a life of your own once again. It may even be a better life than you had before.

Here are some tips to help you get through that divorce and come out the other side without having gone crazy.

Find a supportive lawyer to advise you and represent you if you need to go to court.
When you separate from your spouse, make sure you find a safe place to live. If there was violence, you don’t have to give them your address.
If your spouse threatens you, take out an Restraining Order against them. Then if they harass you they can be punished for it.
Don’t allow your ex to manipulate you by making you feel guilty. It takes two to work on a happy marriage. Know that there is most likely fault on both sides, but that doesn’t matter now. The courts don’t consider fault in any way; they only need to know that the relationship has broken down irretrievably.
Accept that divorce is the solution and that it will get better over time, once everything is settled.
Make sure the assets are divided up fairly, especially if you have children and will be the one to care for them in the future.
Take time out to care for yourself. Read a book, have a manicure, buy some nice clothes and spend time with supportive friends and family.
Make sure you eat well. Starving yourself will accomplish nothing. Eat small but nourishing meals if you don’t feel hungry.
Minimize contact with your ex. A third party can sometimes act as a go-between if being with your ex ends up like a dogfight.
Go to professional counselling if you can’t get yourself back on track with just talking to your friends.
Spend time doing something helpful for someone else. If you have time, volunteer at a women’s shelter. It will open your eyes and help you realise there are some people worse off than you.
Seek helpful advice for all those things your ex did and you now have to do. People love to give advice, whether it is how to put oil in the car or how to start up the barbeque.