Jeffrey K. Traylor’s Answers

Jeffrey K. Traylor

Bend Family Law Attorney.

Contributor Level 9
  1. Is it true in a child custody case who ever files first has the upper hand

    Answered over 1 year ago.

    1. Jay Bodzin
    2. Jeffrey K. Traylor
    2 lawyer answers

    There are a variety of opinions on this topic. If you file first then you are the first to be heard by the judge which can be advantageous. That said, if you are the Respondent (the second to file) your entire case can be a rebuttal of the opposing parties. Speaking more broadly, being the first to file a certain type of motion can be a huge advantage. There are a number of legal mechanisms that address the situation at the time the motion is filed (temporary protective order of restraint,...

    1 lawyer agreed with this answer

  2. Can a lawyer help me with the process of getting my girlfriend in a foster home?

    Answered almost 2 years ago.

    1. Jay Bodzin
    2. Jeffrey K. Traylor
    2 lawyer answers

    The thing to do in this situation is as Jay says, call the child abuse hotline. Your girlfriend can also follow up with the child welfare division of DHS in Deschutes County at 541-388-6161. If what is happening at her home amounts to neglect or abuse DHS will send an officer out to the home to conduct a welfare check, and may very well open a detailed investigation into the situation. If DHS determines that the home is unsafe or unfit, they will remove your girlfriend from the home and being...

    1 lawyer agreed with this answer

  3. Pays support late off and on when I don't follow his demands, and we need that support to survive. This is a regular occurance.

    Answered about 2 years ago.

    1. Jay Bodzin
    2. Jeffrey K. Traylor
    2 lawyer answers

    Jay has done an excellent job of answering the child support question, so I will weigh in on the move issue. First off, there is a statutory requirement that you give the opposing party "reasonable" notice of any move that will take you more than 60 miles way. What is "reasonable" is determined on a case by case basis, but you should make sure that whatever notice you give allows ample opportunity for the other side to respond. Generally speaking, child support and parenting time are...

    1 lawyer agreed with this answer

  4. Child support is thirty years old, children all over 30, can I get this judgemnt set aside

    Answered over 2 years ago.

    1. David Alexander Browde
    2. Jeffrey K. Traylor
    2 lawyer answers

    It sounds like you should post your question in the Arizona forum. In Oregon, child support and visitation are generally independently enforceable, so I'm not sure there is anything you can do about it at this point. Your best bet might be to see if she will sign a satisfaction of judgment for an upfront amount that is less than the total owed. I'm sorry I don't have better news. Good luck, Jeffrey K. Traylor

    1 lawyer agreed with this answer

  5. What is my recourse if a spouse leaves the state after being served and continually delays the court date ?

    Answered over 2 years ago.

    1. Jeffrey K. Traylor
    2. Cindy Bassett
    2 lawyer answers

    The prior answer regarding a default is correct. If your spouse does not show up at all, the court will make a ruling without him or her called a "default judgment". With regard to your second question, may he delay again, I would have to know more about your individual situation. Generally in an Oregon family law case, you would file, your spouse would get served, and then he or she would have 30-days (generally) to file a "response". A response is when the opposing party files paperwork...

    1 lawyer agreed with this answer

  6. Medical Marijuana Laws

    Answered almost 4 years ago.

    1. Jeffrey K. Traylor
    1 lawyer answer

    I have been looking at this question for a couple of days now, and I am still not entirely sure how to answer it without knowing your situation. Is it illegal to bring a child there? No. Probably not. As long as the growing is being done in accordance with state law it is not illegal according to Oregon law. Now growing medical marijuana is still illegal federally, but I can't imagine there is a federal law preventing a person from bringing a child onto the property. That said, is it a very...

    1 lawyer agreed with this answer

  7. At what age inoregon can a child decide wich parent to live with

    Answered almost 4 years ago.

    1. Jeffrey K. Traylor
    1 lawyer answer

    This sounds like a bad situation. At the end of the day, the only person who can make the final decision regarding custody and placement absent an agreement by the parties is a judge, but, you have the right to call your child as a witness either in open court or in the judges chambers (if you file the right motion.) If your children are 10 or older, the court is going to give their opinion(s) a great deal of weight, and unless there are other strong independant reasons to place the kids...

    1 lawyer agreed with this answer

  8. Could I fight for the custody??

    Answered about 4 years ago.

    1. Jeffrey K. Traylor
    1 lawyer answer

    Yes. You can petition the court for emotional parent custody under ORS chapter 109 if you have developed a parent-child relationship with the child, and your cousin has consented to that relationship in the past. Custody is difficult to get because parents are constitutionally presumed to act in the best interest of their child when it comes to custody, but you can rebut that presumption by showing that your cousin is incapable of taking care of the child (and it sounds like this may be the...

    1 lawyer agreed with this answer

  9. How long can I wait to press charges?

    Answered about 4 years ago.

    1. Jeffrey K. Traylor
    1 lawyer answer

    You have 2 years from the date of the act to bring charges civilly against this unruly individual (civil claims are brought by you against the opposing party for damages.) The state has 2 years to bring criminal misdemeanor charges and 3 years to bring a criminal felony charge. The time frame depends on which assault statute they use to prosecute. It is important to note, however, that ultimately it is up to the district attorney whether or not to prosecute for a crime. Thus you cannot put...

    1 lawyer agreed with this answer

  10. Can I take the car that's only in my husbands name?

    Answered about 4 years ago.

    1. Jeffrey K. Traylor
    2. Lake James H Perriguey
    2 lawyer answers

    If the care is in his name I would advise against taking it against his wishes. It sounds as if you you are in a situation where you would like to leave without saying goodbye. I would advise against that for a variety of reasons. First, if you have money in that house you should really get it. Often people walk away from assets in order to avoid the hassles of divorce and end up regretting it. Second, there is a way for you to walk away with the car, or enough money to buy a car through the...

    1 lawyer agreed with this answer

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