Newport Adoption Lawyer, Oregon
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Michael J. Love
Criminal, Felony, DUI-DWI, Divorce & Family Law
Status: In Good Standing Licensed: 12 Years
411 NE Avery Street, Newport, OR 97365
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LEGAL TERMS
CONDONATION
One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and la... (more...)
One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and later tries to use it as grounds for a divorce, he could argue that she had condoned his behavior and could perhaps prevent her from divorcing him on these grounds.
STEPCHILD
A child born to your spouse before your marriage whom you have not legally adopted. If you adopt the child, he or she is legally treated just like a biological ... (more...)
A child born to your spouse before your marriage whom you have not legally adopted. If you adopt the child, he or she is legally treated just like a biological offspring. Under the Uniform Probate Code, followed in some states, a stepchild belongs in the same class as a biological child and will inherit property left 'to my children.' In other states, a stepchild is not treated like a biological child unless he or she can prove that the parental relationship was established when he or she was a minor and that adoption would have occurred but for some legal obstacle.
LAWFUL ISSUE
Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means... (more...)
Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means the same as issue and 'lineal descendant.'
ADOPTED CHILD
Any person, whether an adult or a minor, who is legally adopted as the child of another in a court proceeding. See adoption.
MARTIAL MISCONDUCT
See fault divorce.
IRREMEDIABLE OR IRRETRIEVABLE BREAKDOWN
The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremedia... (more...)
The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremediable breakdown is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into whether the marriage has actually broken down, and routinely grant a divorce as long as the party seeking the divorce says the marriage has fallen apart. Compare incompatibility; irreconcilable differences.
SPOUSAL SUPPORT
See alimony.
NEXT FRIEND
A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children a... (more...)
A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children are often represented in court by their parents as 'next friends.'
INJUNCTION
A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy fo... (more...)
A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy for harm that has already occurred. Injunctions are orders that one side refrain from or stop certain actions, such as an order that an abusive spouse stay away from the other spouse or that a logging company not cut down first-growth trees. Injunctions can be temporary, pending a consideration of the issue later at trial (these are called interlocutory decrees or preliminary injunctions). Judges can also issue permanent injunctions at the end of trials, in which a party may be permanently prohibited from engaging in some conduct--for example, infringing a copyright or trademark or making use of illegally obtained trade secrets. Although most injunctions order a party not to do something, occasionally a court will issue a 'mandatory injunction' to order a party to carry out a positive act--for example, return stolen computer code.
SAMPLE LEGAL CASES
State ex rel. Juv. Dept. v. JFB
... This is a consolidated appeal by mother from four juvenile court judgments involving two of her
children; the first set of judgments arises out of a June 2008 permanency hearing in which the
court approved a concurrent plan of adoption over mother's objection, and the second ...
JBD v. Plan Loving Adoptions Now, Inc.
... App. 75. In the Matter of the Adoption of GIB, aka GIBD, a Minor Child. ... SCHUMAN, J. Plaintiff,
the birth mother of G, released and surrendered him to an adoption agency called Plan Loving
Adoptions Now, Inc., 268 (PLAN), and consented to his adoption from that agency. ...
STATE EX REL. DHS v. HSC
... SERCOMBE, J. Father appeals a judgment authorizing the Department of Human Services
(DHS) to pursue adoption as the permanency plan for his daughter, S, who earlier was made
a ward of the court. ... The court approved the concurrent plan of adoption. ...
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