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FamilyAttorney
FamilyAttorney, Lawyer
Category: Legal
Satisfied Customers: 1505
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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I am in Oregon and a few days ago, my daughter was arrested

Customer Question

I am in Oregon and a few days ago, my daughter was arrested for assault with a weapon and domestic violence, against her dad and I....hit us, destroyed property, etc. She was transferred to juvie an hour away, then I was told I can either come get her, or they will take her to a homeless shelter and charge me with abandonmnent if she decided to leave. She is 15. What are my rights as a parent? We live in fear of harm every day
Submitted: 1 month ago.
Category: Legal
Expert:  FamilyAttorney replied 1 month ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, contracts, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute and type your answer. If I am not here for a few minutes, that means I am typing your answer. THIS IS NOT YOUR ANSWER YET so please allow me time to type it up for you. It may take a few minutes, so please understand that. Thanks!

If a request for a phone call comes in, it is from the site, not from me. I will be happy to have a phone call with you but only if you want it. If you would like to request a phone call, that’s fine too. There is no pressure and we can stay here if you’d like.

I'm sorry you're going through all of this. I have more experience with this, firsthand, than I'd like to have as well. This was a delinquency petition. Have you filed a dependency petition?

Customer: replied 1 month ago.
No I haven't, and not sure what that is...and also, her med dr wants to explore the possibility of bi-polar, but cannot keep her taking meds. She has a lot of mental issues that have been going on for quite some time, hence the counseling and everything else
Expert:  FamilyAttorney replied 1 month ago.

Sure, I understand. I've been there with one of my children.

In most states, they have what are called PINS or CHINS petitions against incorrigible children. Pins are persons in need of supervision, chins are often children in need of services, or something similar.

Oregon has two uses for Juvenile court - delinquency and dependency petitions. You're already been through the delinquency part with her. This isn't fun, and I truly sympathize. I've been there, my child is an adult now but we used the system in our state.

That being said, in Oregon, there are dependency petitions for incorrigible children.

Dependency petitions involve a youth who is under 18 years of age. Situations in which a dependency petition may be filed include a child:

  • Who is beyond the control of his/her parents;
  • Who is dependent for the care and support on a public or private child-caring agency;
  • Whose parents have abandoned, neglected, or abused the child; or
  • Who has run away from home.

Any person may file a petition in the Juvenile court alleging that a child is within the jurisdiction of the Court, although petitions are usually filed by the Department of Human Services (DHS) – Child Welfare. Sounds like you don't want to wait for DHS to start something, so you may want to get an attorney to help you with this. That's entirely up to you, but I'd advise it. This dependency petition acts much like a PINS or CHINS petition in other states and is for incorrigible children. The end result is often placement of the child outside the home, in a group home or RTC.

Expert:  FamilyAttorney replied 1 month ago.

In my practice, representing children, like a guardian ad litem, I have seen many PINS kids who either have had conduct disorders, Bi-polar disorder, or both.

She is a danger to you and to her father. So this is something to consider. I do this for a living and had to file one.

Expert:  FamilyAttorney replied 1 month ago.

I would strongly suggest using a family lawyer to represent you as well, because it's likely that she will have someone like me, a guardian ad litem, representing her.

We aren't allowed to refer to any particular lawyer. However, what I do here, which helps my customers tremendously, is I give you a list of lawyers in your area and I'll show you how easy it is to pick one.

I have a short, easy to understand free guide and it will show you what to look for in an attorney. You can always run your picks by me and I can let you know if I think you're on the right track. I will also look for LegalAid and pro bono attorneys in your area if you tell me to do that. I just need to know where to look. The bigger the city the better. My customers tell me they have found great lawyers from my information. This part is free of charge -- I do this as a courtesy to my customers here. Just let me know if you want this information.

Does this answer your question or do you need more information?

Customer: replied 1 month ago.
pro bono would help, as we struggle to meet our bills every month. The biggest city to me is Eugene Oregon and we are 3 hours from Portland
Expert:  FamilyAttorney replied 1 month ago.

Sure, I'm happy to help.

I'll be right back and will give you that information.

Expert:  FamilyAttorney replied 1 month ago.

You can file this by yourself without the lawyer doing that. This way, you can get this going right away if you want.

Pro bono/legal aid Eugene, family: https://www.justia.com/lawyers/family-law/oregon/eugene/legal-aid-and-pro-bono-services

https://www.justia.com/lawyers/family-law/oregon/legal-aid-and-pro-bono-services

There aren't many pro bono/legal aids in your area so I also gave you other areas.

These are the private family lawyers:

https://www.avvo.com/search/lawyer_search?utf8=%E2%9C%93&q=Family&loc=eugene%2C+or

Expert:  FamilyAttorney replied 1 month ago.

Here is my guide:

How to choose an attorney. THIS IS HOW I WOULD PICK AN ATTORNEY IF I NEEDED ONE FOR MYSELF IN ANOTHER FIELD OF LAW.

Here's what to look for and what to avoid.

Avoid: Any red mark next to an attorney's name, such as misconduct. That usually means the lawyer was either disbarred, censured, cited for misconduct, or suspended from the practice of law.

Ignore: Ratings, such as 6.5 or 10, which is the highest. A 6.5 attorney may be even better than a 10. It's difficult to say. The site has its own formula for rating attorneys and many attorneys get a 10 because they belong to bar associations and sometimes give lectures. That does not necessarily mean they're the best when it comes to going to court.

Remember: People who charge the most aren’t necessarily the best! I know people who charged twice as much as I did and I have won cases against them easily in court. Don’t be fooled by price.

What to look for: See what the clients’ reviews state, especially in the field that you're interested in (i.e. family law, wills, custody, guardianship, etc.). That is probably going to be the most important thing. Many people have not been reviewed, but if there are a bunch of them who are, go with the ones who have multiple reviews and whose reviews are outstanding. You don't want someone who is a family lawyer but who has been rated as an excellent criminal lawyer. That won't help you. You want them rated as an excellent family lawyer if that's what you're looking for.

I would also suggest you find someone who has been practicing at least 10 years, the more the better(15-20 is even better). The site will tell you how long they're practicing law. You don't want someone just a few years out of law school to take on your tough case.

If there are hundreds of lawyers on the link I’m sending to you, you don’t have to review all of them. Just look at the first few “pages” and that will be enough. Don’t make yourself crazy looking at all of the lawyers there.

Extra suggestion:

I also suggest that you find someone who does primarily family law – if that’s what you’re looking for – or any other type of law you are looking for. For example, if you’re looking for a family lawyer (or any other type of lawyer), the site I am sending you to shows what percentage of the lawyer’s business is family law (or the other type of law you are looking for). If you want a family lawyer, you should find someone who does mostly family law cases – at least 50% -- or exclusively family law cases (100%). I am an appellate attorney who does family law cases, and I do appeals exclusively now. I list myself as doing appeals for 85% of my practice, and I show that the appeals are for family law, custody and child abuse. Someone looking for a family law appellate attorney would know that that’s what I do. So consider the percentage of work they do in the area of law that you want. If it’s 20% or something similar, and they do several types of law, you should find another lawyer. Find someone who spends most of his or her time doing the type of law you want to hire them for.

Take Action: Take a few names and make some phone calls. Ask for a free consultation -- see if you can get one. If you don't feel confident in the lawyer, find another one. That's why it's good to make a list of the ones you want, maybe 5-6 lawyers and you'll find one. It’s okay to walk out of a lawyer’s office and don’t sign anything if you’re not comfortable with the lawyer. You usually want an aggressive lawyer to help you and someone who will return phone calls.

If you can take someone with you to interview the lawyer, that would be a good idea. It’s always good to have another opinion.

You can always fire a lawyer if you're not happy but once the case is underway, you may need court permission to do so, so make sure you like the lawyer!

You can always run your picks by me and I can let you know if I think you’re on the right track.

Expert:  FamilyAttorney replied 1 month ago.

Good luck to you! You can come back here free of charge after I'm rated for a follow-up question.

Please let me know if there’s anything else I can help you with. That includes looking for lawyers. I’m happy to do so! I’m here most of the time (usually at night!) so you can always come back and talk to me (no extra charge) after I’m rated. If I’m not here, I will get an email if you leave me a question.

Please accept my answer, and please rate my answer as one of the top three faces/stars (5, 4 or 3 stars, 5 stars would be much appreciated as I ALWAYS strive to give you 5 star service!). This can be found AT THE TOP OF THE PAGE and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find lawyers. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. I have given you the benefit of my legal knowledge and 37 years of experience as well as my time. My statistics show that almost 100% of my customers here have been extremely satisfied with my answers as I am always truthful and thorough.

Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated, free of charge.

We are not employees of Just Answer but are independent contractors, so your rating is very important to us so that we can be reimbursed for our work. Thank you! I'd rather be given the chance to add more information than be rated negatively, so I thank you for that.

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Expert:  FamilyAttorney replied 1 month ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Let me know if you need names of lawyers and I can help you if you let me know where you live.Thanks!

FamilyAttorney