Jeffrey K. Traylor’s Answers

Jeffrey K. Traylor

Bend Family Law Attorney.

Contributor Level 9
  1. Obtaining temp. custodail care of our 4 yr old granddaughter

    Answered over 4 years ago.

    1. Troy Austin Pickard
    2. Jeffrey K. Traylor
    2 lawyer answers

    You could file for custody as an emotional parent under ORS 109.119 and then file for temporary custody alleging that the child is in immediate danger. Oregon allows for any person who has created an parent-child relationship with a child whose parents have consented to and fostered that relationship to petition for custody or parenting time. Once you have filed for custody under that statue you will be able to seek emergency custody. This is an uphill battle, but it is one that I have...

    1 lawyer agreed with this answer

  2. Under age mother 17 of child, father under 18 no court ordered parenting time.

    Answered over 4 years ago.

    1. Troy Austin Pickard
    2. Jeffrey K. Traylor
    2 lawyer answers

    The mother should file for custody and a temporary protective order of restraint (not to be confused with a restraining order). In Oregon, she could only get a restraining order if the Father had committed abuse in the past 180 days. A temporary protective order of restraint, or "status quo" order, however, will be freely granted and will restrain both parents from disturbing the usual routine and daily schedule of the child. The usual routine and daily schedule is defined as what the child has...

    1 lawyer agreed with this answer

  3. Can an emotional parent get custody of children if the biological father has a custody order in another state?

    Answered over 4 years ago.

    1. Jeffrey K. Traylor
    1 lawyer answer

    If you and the children have lived in Oregon for the past 6 months, that your soon to be ex-husband will be able to petition on Oregon to become an emotional parent. The Oregon laws regarding emotional parent are more permissive than most states, and if you and the kids have been here for the last six months then Oregon is going to have jurisdiction under the UCCJEA if a fight breaks out (Uniform Child Custody Jurisdiction and Enforcement Act). That said, even without knowing your situation...

    1 lawyer agreed with this answer

  4. What can I do if my landlady repeatedly throws away my items from the side of (and sometimes basement of) my home?

    Answered over 4 years ago.

    1. Troy Austin Pickard
    2. Jeffrey K. Traylor
    3. Philip M. Block
    3 lawyer answers

    The previous two answers are correct, however you might have an additional tool at your disposal. If the areas in question are part of the property you lease, than simply inform your landlord in writing that she needs to give you at least 24 hours notice before entering your property. If she continues to do so without notice you may be entitled to injunctive relief (a court ordering her to cease the conduct), break your lease, and actual damages not less than one months rent. There are...

    1 lawyer agreed with this answer

  5. Is there as statute of limitations on aggrevated Theft 1?

    Answered about 5 years ago.

    1. Jeffrey K. Traylor
    1 lawyer answer

    Aggravated theft in the first degree is a class B felony. Generally, the statute of limitations on felonies is 3 years from the date of the offense. The statute governing this issue is ORS 131.125.

    1 lawyer agreed with this answer

  6. Can my ex husband get out of paying me the last year of spousal support?

    Answered about 5 years ago.

    1. Jeffrey K. Traylor
    1 lawyer answer

    The fact that your husband has "decided" he doesn't want to pay his spousal support does not eliminate his legal obligation. You need to go back through the court system to initiate contempt proceedings against him in order to collect on the judgment. If the contempt proceeding is not sufficient to get him to pay voluntarily you may be able to garnish his wages in order to collect your back support.

    1 lawyer agreed with this answer

  7. After 20 yrs of being together, ( heterosexual). can he write me out of his will and what WE have built?

    Answered about 2 years ago.

    1. Joanne Reisman
    2. Shannon L. Hall
    3. Jeffrey K. Traylor
    3 lawyer answers

    The prior answers are spot on when it comes to filing a petition to dissolve a domestic partnership. I recently filed a similar case to deal with the equity in a home contributed to and jointly owned by two individuals that had been in a relationship for much less long than yours. The court has the authority to dissolve you property as if you were a married couple. That said, there are a few things the court cannot do that I wanted to add. Although the court has the ability to dissolve the...

    1 person marked this answer as helpful

  8. I live in Portland, Oregon and my children live in Nevada. What state do I need the lower in.

    Answered over 1 year ago.

    1. Jay Bodzin
    2. Mary Katherine Brown
    3. Jeffrey K. Traylor
    3 lawyer answers

    The prior two answers are correct, but could use a little supplement. If there was a prior order or judgment made by a state court you would file in the state making the prior order or judgment unless nobody lives there anymore, otherwise that state is the only state with the power to decline to hear the matter and the proper state to file in. If there is no prior judgment or order you would file in the most recent state the children have lived for a total period of six months (thus if they...

  9. Is there anything i can do to prevent my ex from leaving the state with my kids without custody established or lawyers involved

    Answered about 2 years ago.

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

    There is actually, but it requires you to file a Petition for custody. That is when you legally ask the court to determine custody of a child. If you file a petition to determine custody you can concurrently file a pre-judgment temporary protective order of restraint which will immediately prohibit either parent from leaving the state with the child. It can be done without a lawyer but it is not advisable. If you want to go it alone these forms should help: http://courts.oregon.gov/OJD/OSCA/...

  10. In oregon statutory restraining order what is the punishment of selling marital asscets without other parties consent?

    Answered over 2 years ago.

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

    I'm sorry that your soon to be ex-wife did this without your consent. Jay is correct in that you may want to request a hearing on the violation but he is incorrect when he says there is no "punishment" for violation. A violation of the statutory restraining order is subject to remedial contempt sanctions under ORS 33.055 and ORS 107.093. In general, courts are very displeased when parties violate the statutory restraining order during the pendency of a case and will very likely increase...

541-241-2037