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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100052
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My minor child (15) lives in Oregon with s father. He

Customer Question

My minor child (15) lives in Oregon with his father. He refuses to come home after school, most of the time he shows up after the father has gone to bed. He has been caught stealing from wal-mart and now has a record of such. I am told there is nothing a parent can do legally with a teen runaway in oregon. How can you help?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: not yet, thats money I do not have. is it true that in oregon there is no law to protect runaways?
JA: Is there anything else important you think the Lawyer should know?
Customer: The fact that my ex-husband works from 2 or 3 am until after he goes to school each day. My son is left on his own from 2 am until he goes to school around 7:30 am
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: Family Law
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) Do you have custody orders in place? If so, who is the managing custodian - you or him?

2) What are you attempting to do here, i.e. what do you wish to achieve?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 9 months ago.
I have custody of our Daughter. The exhusband has physical custody of our son. We both maintain legal parental rights to both children. I need to know what I can do legally to ensure that my son is getting proper care. He works late nights, 2-8am, and our son is left alone all night long. I am not in a position to take custody of him at this time, though his father is trying to force me to bring him here, to Utah.
Expert:  Ely replied 9 months ago.

Thank you.

On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."

There is little that can be done unless one is willing to file for custody. If you were his custodian, you can control him better. Otherwise, the father controls his day to day action. No pleading exists for the court that asks the Judge to order the father to take better care of the child. Either the parent asks for custody (via a modification pleading), or, that is the extent of what one can really do. Just like the father cannot tell you how to parent the daughter while she is in your custody, the same applies vice versa.

Unless you can get him into a voluntary negotiation/mediation where he would agree to some oversight, there is not much else someone in your situation can do aside from filing for custody. Perhaps, threatening to file may have him take better care, as the Court largely considers custody modification based on parent abilities and child's best interest.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 9 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!