Grandparents and other Third-parties Seeking Custody of Children in Oregon

Please also read previous blog posts on this topic, especially this one: Grandparent Visitation Rights in Oregon

There are lots of free legal forms online and in print, but none of them will be the exact forms you need in your specific case. You can lose a lot of time and money if you file the wrong forms.

Courts are very, very careful when it comes to child custody legal matters. Oregon courts do not have official or fill-in-the-blank child custody legal forms for parents, grandparents, or for any third party seeking child custody. You need to draft your own forms specific to your legal situation.

There is a useful booklet you can read for some background information on this subject. Link to the booklet from this blog post:

Oregon Legal Guide for Grandparents and Other Relatives Raising Children

If you want to represent yourself in your case, you will have to research the laws and the regulations about child custody and third-party rights and then you will have to prepare your case. You will need to do this research in a law library. You can find a list of Oregon county law libraries at the Oregon Council of County Law Libraries (OCCLL) website.

You can also ask a lawyer to serve as a “coach.” Find a lawyer who will review your situation. Explain that you want to proceed as a self-represented litigant and ask if the lawyer would be willing to serve as a “coach” to help you through the legal process. (This is also known as “limited scope legal assistance.” You and your lawyer will sign an agreement that limits the scope of the lawyer-client engagement and legal liability.)

You can also ask a lawyer to represent you in a custody case. The lawyer will give you an analysis of the likelihood of you prevailing in your case and give you an estimate of what it will cost.

The Oregon State Bar Information and Referral Service has a toll free number to call to get names of attorneys in your area; call their referral service at 503-684-3763 or 1-800-452-7636 or visit their website.

Educating Homeless Children: Legal Requirements (ABA Report)

Gallagher Blogs, July 2, 2014, post: Educating Homeless Kids:

“Nearly a quarter of homeless people are children.* Over a million children were homeless at the start of the 2010-2011 school year. And being homeless can make it tough to get an education. To address some of the problems, the McKinney- Vento Homeless Assistance Act (1987) set up the Education for Homeless Children and Youth Program.

The ABA Commission on Homelessness and Poverty just published “Educating Children Without Housing: A Primer on Legal Requirements and Implementation Strategies for Educators, Advocates and Policymakers” …. [Link to full Gallagher Blogs post.]

That direct link to the book at the ABA Store works now, but if it ceases to work, visit the ABA Store and look for this title: “Educating Children Without Housing: A Primer on Legal Requirements and Implementation Strategies for Educators, Advocates and Policymakers,” 4th Edition, 2014.

Free Copyright-Status Handbook: “Is it in the Public Domain?

From UC Berkeley Law, Samuelson Law, Technology & Public Policy Clinic:

“Is it in the Public Domain? A HANDBOOK FOR EVALUATING THE COPYRIGHT STATUS OF A WORK CREATED IN THE UNITED STATES BETWEEN JANUARY 1, 1923 AND DECEMBER 31, 1977″

Creative Commons: May 27, 2014, by Menesha A. Mannapperuma, Brianna L. Schofield, Andrea K. Yankovsky, Lila Bailey, and Jennifer M. Urban

The Samuelson Clinic is excited to provide a handbook, “Is it in the Public Domain?,” and accompanying visuals. These educational tools help users to evaluate the copyright status of a work created in the United States between January 1, 1923 and December 31, 1977—those works that were created before today’s 1976 Copyright Act. Many important works—from archival materials to family photos and movies—were created during this time, and it can be difficult to tell whether they are still under copyright.” [Link to handbook.]

Hat tip to InfoDocket.

Now that it’s Legal: Same-sex Wedding, Marriage, and Divorce Law in Oregon

A Multnomah County Librarian has posted this practical and lighthearted collection of wedding, marriage, and divorce law links:

“Now that it’s legal: same-sex marriage and the law,” by Emily-Jane D., Jun 04, 2014

And maybe it’s also time to update my Engagement Ring Law blog post!

Veterans Law Library: Statutes, Cases, Post-war Physical and Mental Illness Claim Information, and Much More

Visit the online Veterans Law Library:A Comprehensive Collection of Materials Relating to the Veterans Benefits Adjudication Process.”  It includes primary and secondary sources, case law, Agent Orange Claim, Gulf War Illness, and PTSD Claims information, and much, much more.

Hat tip to Oregon attorney John Gear, his Law for Real People Blog, and collection of Useful consumer law Links.

Oregon Justice Resource Center

Oregon Justice Resource Center

The Oregon Justice Resource Center assists with trial and appellate litigation on behalf of indigent, prisoner, and low-income clients in federal and state courts on a range of civil liberties and civil rights matters, including but not limited to the death penalty, immigrant rights, and unfair procedural barriers to the courts. Donate to the OJRC....” [Link to OJRC.]

Oregon Public Guardian and Conservator Program: 2014 legislative changes

Read about the changes to the Oregon Public Guardian and Conservator program for people with “inadequate resources,” e.g. people without relatives or friends willing or able to serve as guardians or conservators.

2014 SB 1553 (enrolled bill) (as of today is still awaiting the Governor’s signature):
Relating to services for persons with inadequate resources; creating new provisions; amending ORS 125.240, 125.410, 125.700, 125.705, 125.710, 125.715, 125.720, 125.725, 125.730, 441.109, 441.137 and 441.153; and declaring an emergency

Oregon Marijuana Business Law 101 (and CLE), Feb. 22, 2014

“The Oregon Cannabis Industry Association is hosting an informative seminar providing Oregon cannabis industry members, and those looking to enter the industry, with an opportunity to learn from professionals across the legal spectrum. Attorneys and professionals will cover basic business law, employment law, tax law and more. A representative from the Oregon Health Authority will be on hand to answer questions about the application process and rules for the upcoming state-licensed medical marijuana facilities.

Tickets are $150. (Approval for CLE credits pending for practicing Oregon attorneys.)….

Link to Oregon Cannabis Industry Association (OCIA) program webpage for more information.

Where is the Online “Preface to Oregon Revised Statutes”?

If you’ve ever come across one of these “see Preface” notes in the ORS, you might be wondering where you can find that Preface:

Example: “192.715 to 192.760 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 192 or any series therin by legislative action. See Preface to Oregon Revised Statutes for further explanation.

In the print, this is easy. You just open up Volume 1 and start reading.

Online, it’s almost as easy, assuming the link’s location doesn’t move or rot: From the Bills and Laws page, look for the ORS Documents box in the upper right hand corner. One of those documents will link you to the “Oregon Revised Statutes Preface.

In the Preface, look for #2, under the heading, “Changes in text of Acts,” where it says:

“(2) … Not added to and made a part of.” Notes may indicate that a particular ORS section was not added to and made a part of the ORS chapter or series in which the section appears. These notes mean that the placement of the section was editorial and not by legislative action. Notes also are used when the series references are either too numerous or too complex to bear further adjustment. However, the note does not mean that the section not added to a series or a chapter is any less the law. The note is intended only to remind the user that definitions, penalties and other references to the series should be examined carefully to determine whether they apply to the noted section.

For example, Oregon Revised Statutes contains chapter 137 relating to judgment, execution, parole and probation. A law relating to any of those subjects may be enacted but not legislatively added to ORS chapter 137, even though the section clearly belongs with the related materials found in that chapter. The Legislative Counsel compiles the section where it logically belongs and provides the “not added to” note.