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Can I start immediate danger process in Jefferson county if I divorced in oct 2020 in Umatilla co?

Discussion in 'Child Custody & Visitation' started by _Sna_, May 7, 2021.

  1. _Sna_

    _Sna_ Law Topic Starter New Member

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    Jurisdiction:
    Oregon
    I'm actually residing in Jefferson Co since Oct 2020, I divorced in Umatilla Co in Nov 2020. I'm a domestic violence victim and so my 2 infant children. there has been 2 DHS cases opened because of presumptive child abuse, opened the first time by a report made by my children's Doctor and a second one more recently after divorce by my daughter's school. DHS hasn't taken any important action to help my children. The judge from Umatilla co didn't want to hear anything related to the domestic violence or child abuse, I didn't even presented my case and I was forced to reach an agreement during my trial, I ended with legal custody and father with parenting plan. My oldest daughter has been recently diagnosed with PTSD and she goes to therapy once a week, 2 weeks ago my son came back from his father's house with more concerning injuries. Can I start the process for immediate danger here in Jefferson co or do I need to ask Umatilla judge for change of venue, Either party lives there anymore and no matters pending in Umatilla Co.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Consult an attorney in Jefferson Co.
     
  3. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Did you document those injuries by taking the child to the doctor?
     
  4. Zigner

    Zigner Well-Known Member

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    As a follow-up to the above question:

    If you did take the child to a doctor, did the doctor, as a mandated reporter, file a report with the authorities?
     
  5. zddoodah

    zddoodah Well-Known Member

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    Concur. It might also be helpful if you explained what "start the process for immediate danger" means.
     
  6. Red Kayak

    Red Kayak Active Member

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    I believe you are asking about a "Post-Judgment Request for Immediate Danger Order of Temporary Custody and Parenting Time".

    You need to consult a lawyer in Jefferson to determine whether (and how to) transfer the orders, since neither party currently resides in Umatilla County. Your local domestic violence resource group(s) might have some recommendations of where to look for resources as well.

    I concur with PayrollHRGuy: documentation is very important.

    I also offer the following caveat: how you approach such documentation is equally important. I have had an acquaintance get into trouble by going into the urgent care clinic in an effort to "document" the other parent's abuse. This included a black eye on one kid and scrapes down the back (allegedly inflicted by the other parent to get the child to properly clean the bathroom floor).

    Doctors are mandated reporters, but that does not mean that they all jump at the opportunity to be used as pawns in fights between the parents. But it's worth documenting that the injuries didn't happen on your watch, so you don't get blamed for them.
     
    _Sna_ likes this.
  7. _Sna_

    _Sna_ Law Topic Starter New Member

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    I have taken videos, pictures of past injuries, and I have medical reports of previous injuries, I didn't bring my son to the Dr for the last injuries though.
     
  8. _Sna_

    _Sna_ Law Topic Starter New Member

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    So sorry, I just want to change the actual parenting plan based in previous injuries that my kids have suffered, my daughter's diagnosis and my son's last injuries
     
  9. _Sna_

    _Sna_ Law Topic Starter New Member

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    Yes the first time the Dr made a report to DHS, but the judge in Umatilla didn't want to hear anything about this. 2 weeks ago my son came back home with more injuries, I didn't take him to the Dr but I took pictures
     
  10. justblue

    justblue Well-Known Member

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    What were the injuries this last time? Why didn't you bring your child to the Pedi to 1. Make sure that he was okay and 2. To have an impartial documentation of what is happening to your child(ren) while visiting with Dad.[?]
     
    leslie82 likes this.
  11. justblue

    justblue Well-Known Member

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    Change it to what? What is you objective? No parenting time? Supervised? Reduced?
     
  12. Zigner

    Zigner Well-Known Member

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    What happened with the DHS investigation?
    What happened with the DHS investigation?
    That really makes you look bad. You seem to be so desperate to find something, anything, to make dad look bad that you photograph every scratch, bump or bruise on your child in order to have ammunition against the other party, and not out of concern for the child.
     
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  13. justblue

    justblue Well-Known Member

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    What was the result of the DHS investigation? Was the investigator at the hearing to testify or did you just bring in the paperwork as "evidence"? Are you bringing in the doctors/ therapists to testify at these custody hearings?
     
    Red Kayak likes this.
  14. _Sna_

    _Sna_ Law Topic Starter New Member

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    Supervised or to reduce it
     
  15. _Sna_

    _Sna_ Law Topic Starter New Member

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    You are right, I should have taken him to urgent care although it wasn't an emergency, my son had bruising on his buttocks and a bad irritation with some bleeding around his anus, I had family visiting and I was afraid of more medical bills, last year I took my children so many times to the pediatrician and for a physical evaluation at Cares Northwest Portland and even X rays, I'm still paying the bills, that added to my frustration with DHS, I feel like no matter what I do nobody really cares to find out what has happened. This last time I didn't think it was an emergency but there were injuries that's why I took the pictures, my son is only 2 yo but he could communicate his dad spanked him. I'm regretting not taking him to the Dr this last time but I hope that everything I have will be enough. DHS investigation was Inconclusive. I'm planning on bringing the therapist to testify and all previous medical reports, and I have 2 forensic interviews to my daughter, she is only 4yo and she was 3yo when everything started, but she often says and she has told to her therapist that her father hits her, and as I mentioned before she has been diagnosed with PTSD. I just don;t know if I could go ahead and do the paperwork here In jefferson Co. without asking Umatilla Judge for the change of Venue, he has previosly denied it when the trial was pending, at that moment either party lived either in Umatilla , I am afraid he will deny it again, altho divorce is over and no matters pending there.
     
  16. justblue

    justblue Well-Known Member

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    Are you kidding? Your child had bleeding from his anus and you didn't take him to be medically evaluated?
     
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  17. _Sna_

    _Sna_ Law Topic Starter New Member

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    It was a bad irritation, I believe father is too rough while cleaning his diaper with the wipes and probably not changing his diaper often enough, I really don't want to think it was something else, I'm afraid of even thinking about something so horrible like that, what I know is that he spanks the kids way too hard to the point of getting them bruised.
     
  18. stealthy1

    stealthy1 Member

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    Honestly? Letting a doctor determine that would have been wiser.
     
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  19. leslie82

    leslie82 Well-Known Member

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    Anal bleeding and you didn't take the kid in?????? Yeah I get it healthcare is expensive but it doesn't matter when your child is injured or abused. Anal bleeding is more than a spanking. Spanking shouldn't result in any bruising or anal bleeding. And on a two year old?????

    It's not going to help you that you didn't take that child in for those injuries to be looked at. And you not reporting it but taking pictures could be turned against you that you did it. If the dad has a lawyer they'll definitely try to turn it on you.

    The fact you didn't report it a judge could deny reducing visitation because it looks like you weren't that concerned.

    I'm just saying if my kid came home from visiting anyone and had bruising and anal bleeding I'm taking her to the doctor. And whoever hurt her better hope the cops get them before I do.
     
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  20. leslie82

    leslie82 Well-Known Member

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    That's not a spanking and "wiping too hard" shouldn't cause anal bleeding.
     

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