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Jeffrey K. Traylor
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Jeffrey Traylor’s Answers

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  • 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.

    Other parent can afford the support but likes to "hurt" me by not paying if I upset him. i.e. I filed for CS modification and the first thing he said to me after he was served was "you did this to yourself, now you won't get any payment for thr...

    Jeffrey’s Answer

    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 completely different issues. A party's parenting time is not contingent upon them paying child support, nor is a party's obligation to pay child support contingent upon their receipt of their court ordered parenting time. That said, the court may consider the lack of support you are receiving in deciding whether or not to permit you to move out of the area.

    It is important that you know that move cases are difficult these days. Generally, the court does not permit move when the non-custodial parent has a continuing, frequent, and ongoing relationship with the child, and the move with significantly impair that relationship. Oregon has a stated policy of fostering a close and continuing relationship with both parents. If your situation is one where the non-custodial parent does not exercise their parenting time, or chooses not to spend time with the children when he or she has them, your case to move becomes stronger. If the non-custodial parent has a close and frequent relationship with the child, the court is unlikely to grant the move. At the end of the day, the analysis focuses on whether or not a move would be in the best interest of the children, not in the best interest of either party. If you believe the answer to that question is yes, then you should consult an attorney to discuss the issue in greater detail. If you feel the answer is no, then it's probably not going to happen.

    All in all, the fact that child support is erratic and withheld is not going to get you where you need to be to relocate out of state, but it is certainly a factor that the court will consider. Good luck!

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

    Divorced in 1982, had joint custody, ex refused visatation, unless we went to court, then told court, that I didnt want to see children, I track her down but she would always move, she showed up about every ten years or so wanting her money, last ...

    Jeffrey’s Answer

    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

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  • My fiance' thought he was divorced but we just found out he is not. What steps do we take to get him divorced w/o hiring atty?

    My fiance got married in 1999. Their relationship did not last long. In 2005, they had been separated already but she (the ex-wife) dropped off divorce papers at his parent's house for him to sign. He signed them and gave them back to her. He ...

    Jeffrey’s Answer

    It's always best to do these things with the help of an attorney so that you what your rights are. That said, if your fiance wants to get a divorce he will likely need to file provided his ex didn't divorce him in the State of Tennessee (you may want to look into this).

    The best way to go about it would be to get in contact with the ex and either attempt to file a stipulated motion and order to reinstate the case, or to file a new stipulated petition and judgment. When you file a stipulated divorce (stipulated means the agreement of both parties) you can file the petition, judgment, and all accompanying documents at the same time. This cuts down the time necessary to complete the process to a few weeks rather than a number of months.

    Hopefully this gives you a place to start. Based on what you stated in your question, if a divorce hasn't been granted in Tennessee and you can't get in contact with his ex, your fiance will likely need to file a new case and proceed from scratch in order to take a default judgment. I'm not sure if you are aware of this as a resource, but I included a link to the Oregon Family Form Bank at the bottom of this response. As always, it's best to get a lawyer to assist with this sort of thing, but if you ultimately decide to go it alone I wish you the best of luck.

    Jeffrey K. Traylor

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  • Temp. Custody order judge said child couldn't be taken out of the area...

    The first temp order made it 3 days on 3 days and the child couldnt be taken out of the area because she had and kept him away from me for 9 days, The only thing that changed in the 2nd order was 5 days on 5 days off. The judge didnt mention anyth...

    Jeffrey’s Answer

    It seems that based on your description, the court made the prohibition in the first order in order to make sure that you got your parenting time and that there were no further interruptions. Without knowing more it is difficult to give you a definitive answer, but my instinct is that your first order was a temporary protective order of restraint (status quo order) and the second order was a temporary order pending trial. If that is the case, then there was likely no contempt. Status quo orders remain in effect until further order of the court, so unless the court specifically continued the provisions of the prior order, it is probably not contempt.

    The larger issue that you seem to be having is whether it was appropriate for opposing party to travel with the child and introduce them to the new significant other without your permission. This is a situation that many parents in the custody world are presented with. Generally, without a specific ruling by the court to the contrary, a person can do what they like with the child during their parenting time. That is probably not what you want to hear, but absent the court finding that a given activity is not in the child's best interest, parent's are free to do as they see fit during their parenting time.

    If you have a court date remaining (trial perhaps) you will want to make sure that you bring up the issue of the new significant other if you think that it is detrimental to the child, and the court may very well lay out some rules to govern the situation and make the transition easier on the kiddo. The travel portion is probably less concerning given that the other party has five uninterrupted days with the child anyways. After all, the fact that the child traveled a few hours away probably isn't a huge deal because you wouldn't see them any more or less than if they were five minutes away. As always, the best way to protect your legal rights is to consult with and hire a lawyer. Good luck.

    Jeffrey K. Traylor

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

    Spouse is served then leave the state. He has an attorney who states that he is only available to appear in court 8 mos in the future. My fear is that when those 8 mos are up, he may delay his availibility again. Is it possible to set a court date...

    Jeffrey’s Answer

    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 saying they intend to show up and proceed with the case.

    Once the response is filed, the court will set a court date for your trial, wherein all outstanding issues should be resolved. If a trial date has been set in your case, then it will proceed as scheduled unless your spouse asks the courts permission to delay the case. If your spouse does this, you can ask for a hearing on the issue and argue your case. If you lose the hearing to set the case over, it would be a good idea to make sure the judge is aware that you need resolution to this matter, and that you would be opposed to further delays. If the court was aware of this from square one, it would be unlikely to delay the case again.

    As a general rule, it is also a good idea to file a motion and order for temporary relief along with your initial filing. The reason for this is the court will not allow you to go after back child support prior to the time of filing for temporary relief. You can also ask the court to do certain other things like award suit money, spousal support, make an order regarding the martial home, make an order regarding temporary custody and parenting time, etc... Temporary hearing happen much faster, and will get you some relief in the meantime if your spouse attempts to continually delay.

    All that aside, as the previous answer states, the best way to protect your interest is to contact and hire and attorney. Good luck,

    Jeffrey K. Traylor

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  • Medical Marijuana Laws

    Is it illegal/child abuse to have children on the property of a medical marijuana grower in Oregon?

    Jeffrey’s 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 good idea? No, probably not. This is the point in the answer where I really need to know what your perspective is. If you are the grower, I don't see a problem. If you are the parent and this is happening against your wishes, I see it as problematic. If you are the parent bringing a child on a plantation against the wish of someone else, that is also problematic.

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

    there is recoreded abuse of other siblings and custodial mother,past drug abuse, failure to pay childsupport, failure to take child in for medical care, and inappropriate conduct of a sexual natue.

    Jeffrey’s 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 somewhere else (such as the non-abusive parent is homeless of a drug addict), the court is likely going to listen to the child. This is especially true if there is some kind of abuse, either physical or sexual. You and the children also have the right to call DHS if the child or children are unsafe. Whatever you do, don't sit on your rights, this situation sounds like it is only going to get worse. Good luck!

    Jeffrey K. Traylor
    7406 SE Milwaukie Ave.
    Portland, OR 97202
    (503) 427-8054

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  • I have not gotten any alimony in a year and cannot find my ex husband. He lives in Las VEgas, I live in ORegon.

    after a year of struggling to get help, without any money to hire an attorney, and many clerks in both states giving me the wrong forms and wrong advice, I flew to Las Vegas rented a car, which I was told to do by both Oregon and Nevada clerks, t...

    Jeffrey’s Answer

    It sounds like you are taking the right steps to remedy this situation which is to seek a show cause order and contempt sanctions if he is failing to comply with you dissolution judgment. As far as service is concerned, It sounds like you need to have this deadbeat personally served, and ORCP 7 prohibits you from doing it yourself. If you have an address for this guy you could use the county Sheriff in Nevada. The Sheriff generally performs personal service for a low fee. If you don't now exactly where he is, you will have to hire a private process server to locate him and serve him. Unfortunately, both of these options cost money, but even the private service with a skip-trace (a process they use to find deadbeats) shouldn't cost you more than $250ish. Good luck!

    Jeffrey K. Traylor
    7406 SE Milwaukie Ave.
    Portland, OR 97202
    (503) 427-8054

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  • How can I stop the father from making our children feel unsafe and uncomfortable?

    I am the custodial parent, dad had supervised visits in the past for physical abuse towards one of our three children and me, he now has unsupervised visits and is making the children feel very unsafe and uncomfortable, how do i help in this so t...

    Jeffrey’s Answer

    Hmmm. This sounds like a bad situation. The obvious answer is to try to work it out with him. If he is any sort of decent human he wouldn't want to make his children uncomfortable and might change his behavior. The other side of the coin is to go back into court and try argue that he shouldn't have unsupervised visits. Depending on how old the children are, there is a motion you could file to allow them to speak to the judge in chambers with only the lawyers present.

    It's difficult to say whether or not you should seek the court's help without knowing what you mean by "unsafe and uncomfortable". If this is just a situation where they are having a hard time getting used to Dad again, well, that's life. If this is a situation where the children are concerned that they will be physically abused again then you had better get the ball rolling to get yourself back in court. All things being equal, trying to work it out with Dad directly or through mediation is probably the best option, but I can understand why you wouldn't want to attempt that if he has been abusive to you in the past.

    In any event, I would love to discuss this matter with you in a little more detail so that I have all the facts. It is difficult to give you a straight answer without them. Feel free to give me a call if you want to discuss the matter further, otherwise I wish you and your children the best of luck!

    Jeffrey K. Traylor
    7406 SE Milwaukie Ave.
    Portland, OR 97202
    (503) 427-8054

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  • Could I fight for the custody??

    My cousin is doing drugs and transfering her 5 year old dauughter around to family member to family member. I've done child care for her since she was a few months old. Could I fight for the custody??

    Jeffrey’s 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 case) or that irreparable harm will occur if the relief (custody or parenting time) you requested is denied. Parenting time is somewhat easier to acquire, but custody is a battle that can be won.

    As with most matters, things would be significantly simpler if your cousin would agree to give you custody, but in any event I would be happy to discuss this matter with you at greater length if you want. Feel free to contact me using the information contained on my website and below. Good luck!

    Jeffrey K. Traylor
    7406 SE Milwaukie Ave.
    Portland, OR 97202
    (503) 427-8054

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