M. Nicole Clooten

M. Nicole Clooten

Divorce, Custody, Family Law. Hermiston Pendleton Umatilla County Oregon Attorne
  • Divorce, Family Law
  • Oregon
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Summary

I live and work in Pendleton, OR, and also practice out of our Hermiston Office Location. I specialize in Family Law, including divorce, custody, parenting time, spousal and child support, asset division, and more. I offer low cost consultations and provide dedicated service to my clients. Experience the difference my legal services provide.

Practice Areas
  • Divorce
  • Family Law
Fees
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Oregon
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Professional Experience
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Clooten Law, LLC
- Current
Associate Attorney
Grable Hantke & Hansen
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Education
University of Oregon School of Law
J.D. (2013) | Family Law
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University of Colorado - Boulder
B.S. (2006) | English Literature
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Professional Associations
Oregon State Bar # 133722
Member
Current
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Legal Answers
37 Questions Answered

Q. I’m attempting to get more parenting time (overnights specifically) and lower my exorbitant child support in Oregon.
A: The main question that I have is whether there is an existing parenting time order or judgment. If there is and it specifically allows this parenting time, mother's refusal is a violation of that order or judgment. If there is not, you would need to file a petition to establish custody and parenting time to get one in place. The Department of Child Support will only establish child support, not parenting time.
Q. My son's father has sole custody. He uses drugs everyday. How do I get the court to order a hair follicle test?
A: In order to file a motion for a hair follicle test, you would need to file for a modification of custody. You would file a separate motion for a hair follicle test, typically after the order to show cause is signed depending on the facts of your case. Keep in mind, the other party has to have an opportunity to object to the motion.
Q. What can I do as a pregnant teen, if the father of my child wants to sue me for full custody of our unborn child?
A: The first question that I have is how old is your boyfriend? There could be some criminal liability on his part. Each parent has a claim to custody of the child, but the court gives a lot of weight to the primary caretaker of the child. Obviously there is no primary caretaker at this point, as the child is not born. There are many factors that the court will take into account but ultimately will make a ruling that is "in the best interests of the child." Each party would show the court why they think that they should have custody of the child, and what the parenting time plan should be for the child to ensure that the child has contact with both parties. However, the initial question of whether a crime was committed needs to be answered.
Q. My son's father's lawyer has requested a lot of financial info, do i have to send everything he requested?
A: I get this question in nearly every case. The discovery process can feel intrusive, but the main thing is that the request must be reasonably calculated to lead to relevant evidence. So it would be helpful to know what kind of a case it is. Is it an initial custody case? If so, then bank statements and credit card statements are generally considered relevant, along with many other requests. If you would like to make sure that your records cannot be posted online or otherwise disseminated, you should ask the other attorney if they will stipulate to a protective order restricting those actions. If it is a case that has to do with a very limited claim, then you could make the argument that certain requests are not appropriate. In any event, make sure that you respond to this request and any future requests by the deadline, or you likely waive your objections. The requests you list do not sound out of the ordinary to me. Keep in mind that you can make the same requests to your son's father.
Q. Does the father of a child need to give up his rights to the mom to help keep the grandparents from getting custody
A: I would need a lot more factual background to answer this question. What contact have the parties had with the child? Where is the child currently? Who is the primary caretaker?
Q. Do I have to contact the other parent for a time to pick up his kid, if he does not call or text for his parenting time?
A: This is a tricky situation. On one hand, you do not want to be the parent who is not facilitating a relationship between the child and the father, but if he really wanted his time, he would be more communicative. He needs to be the adult in the situation and make the effort in my opinion. I would text him with a time that works for you weekly and ask him to let you know if that won't work at least a day in advance, and to schedule a different time with you. That way, you can let him know that you plan to follow the plan, but that he will have to take steps to schedule a different time with you.
Q. I have a custody order in Oregon, I was awarded sole legal and sole physical custody. Other parent currently has
A: If the judge did approve that you do not have to give statutory notice, then you do not. The custody order in Oregon is valid in any state. You may want to register it as a foreign judgment in the new state. You would need to contact an attorney in the new state about that paperwork, but it is fairly simple generally. You will still need to abide by the current parenting time, though, unless you file a modification allowing you to change the parenting time. Otherwise you would be violating a court order. While you do not have to give notice, you cannot unilaterally change the parenting time plan because of a move unless there is a provision in the judgment to do so.
Q. I need to know if my daughters father can take her without my permission? She is only three.
A: If there is no custody order in place then there is nothing to enforce and he could take her. I would suggest filing for custody immediately alone with a temporary order of restraint (status quo) in order to have a signed parenting time plan. Also, if he is driving drunk with her, there may be a reason to file for immediate danger if this is a common event.
Q. My son had his first child Valentine's day of 2019. The mother did not put him on the birth certificate (Oregon)
A: If your son wants to have any guaranteed relationship with the child then he should file immediately. The longer he waits and does not have parenting time, the more difficult the argument gets that he should have significant time with the child. Of course, this does open up the liability to pay child support, but if it is his child, he should be paying support. I suggest going to the Oregon Child Support Calculator online to see what he would possibly be paying, though I would further suggest talking to an attorney about what income he could be imputed as well as the other factors related to a child support calculation. Bear in mind, he could be liable for the expenses of the birth as well.
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Contact & Map
Clooten Law, LLC - Pendleton
433 S Main
Pendleton, OR 97801
USA
Telephone: (541) 667-7993