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Vincent J. Bernabei

Vincent J. Bernabei

Vincent J. Bernabei LLC
  • Divorce, Personal Injury, Estate Planning ...
  • Oregon, Washington
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Claimed Lawyer ProfileQ&A
Practice Areas
    Divorce
    Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
    Personal Injury
    Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Family Law
    Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Nursing Home Abuse
    Medical Malpractice
    Birth Injury, Medical Misdiagnosis, Pharmacy Errors, Surgical Errors
    Elder Law
    Domestic Violence
    Domestic Violence Restraining Orders, Victims Rights , Victims Rights
Additional Practice Area
  • Car Accidents
Fees
  • Free Consultation
    Free 15 minute initial telephone consultation
  • Credit Cards Accepted
  • Contingent Fees
    Contingent fees in all injury and accident cases.
  • Rates, Retainers and Additional Information
    Competitive rates for high quality legal services. Often, fees may be shifted to opposing party.
Jurisdictions Admitted to Practice
Oregon
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Washington
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Languages
  • English
Professional Experience
Attorney
Vincent J. Bernabei LLC
- Current
Attorney
Kennedy King & Zimmer
-
Attorney
Boettcher, LaLonde
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Education
University of Nevada-Reno
B.A.
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Lewis & Clark Law School
J.D.
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Awards
Outstanding Volunteer
Multnomah Bar Association
Professional Associations
Washington State Bar  # 14649
Member
- Current
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Oregon State Bar
Member
- Current
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Websites & Blogs
Website
Website
Legal Answers
250 Questions Answered
Q. Do I have options? my spouse was driving and crashed involving just our vehicle. I broke my back can i be compensated.
A: In General: A common scenario arises when the injured person is a passenger who brings a negligence claim against the driver of the same vehicle. The driver and passenger may be insured against liability under the same policy, either because they are members of the same household or because the driver is a permissive user of the vehicle owned and insured in the passenger’s name. The policy may purport to exclude liability coverage for any driver when the injury claim is asserted by someone insured under the same policy. The traditional rationale for that exclusion was either a latent fear of collusion between driver and passenger or the hope that an insured might need less insurance to resist a claim brought by a friend or family member. Whatever the rationale, the exclusion violates the Financial Responsibility Law (FRL). A policy may not deny liability coverage to a driver on the ground that the injured person happens to be an insured person under the same auto policy. You should consult with an experienced personal injury attorney to determine your specific rights.
Q. The kid ends up not being the father's child but no paterniry dna test was ordered, what can the father do?
A: The answer to your question is complicated, and more information is needed. Generally, a person has 60 days after filing a Voluntary Acknowledgement of Paternity to request that the father’s name be removed from the birth certificate, or more than 60 days if the request is based on fraud, duress or material mistake of fact. You have one year after filing a Voluntary Acknowledgement of Paternity, or after an order has been entered by the state, to request parentage tests if they were not completed. If paternity was established by order or judgment, you have one year to petition to set aside the paternity due to mistake, inadvertence, surprise or excusable neglect. If paternity was established by order or judgment, and you wish to set aside the paternity due to fraud, misrepresentation or conduct of an adverse party, you have one year from your discovery of the fraud, misrepresentation or other misconduct. Successfully setting aside a paternity determination ends future child support obligations and eliminates any accumulated unpaid support. It does not automatically result in a refund of child support payments already made.
Q. In OR state what does a father need to prove/document to receive full custody in a split from child's mother (unmarrie
A: Oregon custody laws encourage parents to share in the rights and responsibilities of raising their children so long as it is in the best interests of the children. There is a distinct difference between a custody determination and parenting time. Custody decisions are about who will have decision-making authority for a minor child or children. Parenting time is the schedule that determines when the child will be in the care of each parent. The court’s primary consideration in awarding custody and parenting time is “the best interests and welfare of the child.” In making a decision on custody and parenting time, the court will consider all of the following factors: The emotional ties between the child and other family members; The interest of the parents in and attitude toward the child; The desirability of continuing an existing relationship; The abuse of one parent by the other; The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court. (Primary caregiver is the parent who attends to the child’s basic needs on a daily basis, and who is more closely bonded to the child); The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. You should contact an attorney to determine how these factors apply to your case.
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Contact & Map
Cascade Square, Suite 102
8625 SW Cascade Avenue
Beaverton, OR 97008
Telephone: (503) 443-1177
Fax: (503) 443-1178