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Jeffrey K. Traylor
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Jeffrey Traylor’s Answers

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

    I am married and have two children with my wife. I have two other children with a gal that move to Nevada. I signed over all rights to her years ago. I would like to revise my order. I need insurance benifits changed, and would like to see my chil...

    Jeffrey’s Answer

    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 have been living somewhere new for less than six months jurisdiction reverts back to the most recent state they lived in for six months or more). As Jay mentioned, you will need to file in the correct state, and if necessary, contact a lawyer within that state. The statute that governs this issue is called the UCCJEA and each and every state has enacted it. Good luck,

    -Jeff

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  • What do I need to do to get guardianship of a 10 week old baby if the mom agrees to it?

    This baby was taken from the single mother at 4 weeks old cause the mom didn't want her. She was placed with the grandma temporarily until it was to much for the grandma to care for. She has since been with my husband and I and our three children ...

    Jeffrey’s Answer

    If she will agree to sign over guardianship, Ms. Gruber is correct and such forms are easy to prepare and do not require filing with the court.That said, sometimes it is in your best interest to set up something more permanent via ORS 109.119 if she will agree to stipulated to granting you parenting rights.

    Additionally, if she will not agree to a guardianship you utilize ORS 109.119 as well. ORS 109.119 contains statutory authority to grant parenting rights to individuals who have established emotional ties that created a parent-child relationship. If the mother is unwilling or unable to take care of the child this might be the way to go. The standards for acquiring such rights is quite high, and is laid out in the statute I'm linking to at the bottom of this response for both custody and parenting time. Good luck,

    Jeff

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  • Current Div. Custody, Child and Spouse support. Restraining order granted on "Intimidation" B.S. Lane County Or & My attny quit

    I'm 1/2 way through. Into mediation. She has filed for temp support during divorce. My attorney demanded a large payment to go forward. I couldn't pay. I only make 12.00 hr and I have to live too. The modest means program referred me to an attny t...

    Jeffrey’s Answer

    It is possible to represent yourself, although not advisable. Your best bet would be to call the modest means program back and ask for an additional modest means referral located in the area. Good luck.

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  • Support after they turn 18

    He may take classes after his senior year because he has been screwing around with school lately. Trying to get him to take it serious. We need to know if he can keep getting support as a super senior in highschool.

    Jeffrey’s Answer

    http://www.oregonlaws.org/ors/107.108 controls this issue. The answer to your question depends on a few factors. If a current child support order exists, he is in school half time or more, and he is making "satisfactory academic progress" then yes, he probably can continue to get support. If he is looking at a second senior year however, he may not be making "satisfactory academic progress". That is a factor set by the school, so you may want to inquire to see if he meets that requirement. Good luck.

    Jeffrey K. Traylor
    Your Family's Lawyer
    1500 SW 1st Ave., Ste. 920
    Portland, OR 97201
    www.multnomahlegal.com

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  • If someone defames you by name in a public forum, is there any recourse?

    I was just wondering if it can be addressed legally or should I just let it go?

    Jeffrey’s Answer

    The previous answers largely hit the nail on the head, but it can be worth hiring a lawyer to write a demand letter requesting that the defamatory statements be removed from the forum. These types of requests are successful 95% of the time. Good luck.

    Jeffrey K. Traylor
    1500 S.W. 1st Ave. Ste. 920
    Portland, OR 97201
    (503) 427-8054
    www.multnomahlegal.com

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

    after 20 years of being together and working to buy property and put a home on it. i now find out he has a will and is leaving everything to his daughter. everything is in his name. i have put my money and hard work in to this home and have pretty...

    Jeffrey’s Answer

    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 property as if you were a married couple, the court does not have the authority to order any kind of support as it would in the case of a marriage. When it comes to you having been his caretaker for the past 7 years you are going to have to settle for good karma.

    With regard to the will, unfortunately, yes, he can omit you entirely and has no legal obligation to mention you in his will or leave you anything despite the contributions you have made to his life. It is because of that unfortunate legal fact that you should consult an attorney sooner rather than later to get the wheels moving on the dissolution of domestic partnership. The court may very well find you have a financial interest in the real and\or personal property and award you a chunk. Good luck.

    Jeffrey K. Traylor
    Multnomah Legal LLC
    1500 SW 1st Ave., Ste. 920
    Portland, OR 97201
    (503) 427-8054

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

    child custody

    Jeffrey’s Answer

    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/cpsd/courtimprovement/familylaw/familylawforms.page

    As an aside, if you are worried about this now it is probably time for you to file for custody anyways. It is a lot easier to prevent things from happening then to fix them afterwards. Good luck.

    Jeffrey K. Traylor
    Multnomah Legal LLC
    1500 S.W. 1st Ave. Ste. 920
    Portland, OR 97201
    (503) 427-8054

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  • Is it true in a child custody case who ever files first has the upper hand

    girlfriend and i split up after 6 yrs. we have a 4 yr old and a 8 mon old 3 months ago got into an argument were we were both drunk she threatened to leave with my 8 mon old and i tried to stop her as she came towards me she went to chid welfare a...

    Jeffrey’s Answer

    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, emergency custody order, etc...) and it can be extremely advantageous to file one of those. Without knowing more about your situation it's hard to give you specific advice beyond what has already been said so I leave you with this general tidbit: sitting on your rights is almost never a good idea. It's a lot easier to prevent than it is to undo. Good luck.

    Jeffrey K. Traylor
    Multnomah Legal LLC
    1500 SW 1st Ave. Ste. 920
    Portland, OR 97201
    (503) 427-8054

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  • Can i a us citizen, hire a lawyer in india to represent me in a law suit in india of which i am one of the defendant?

    my family has filed a law suit naming me one as one of the defendants in india, and did not inform me, i found out by accident of this; they have also signed my name illegally in some of the documents. they are not communicating with me, but have ...

    Jeffrey’s Answer

    As the others have noted, I am not a Lawyer in India but if the legal system there is anything like the legal system here then you need your own lawyer and that lawyer should practice in the jurisdiction in which the case has been filed. If your family has named you as a defendant then whatever lawyer they have hired is not on your side. I would consult with someone immediately if I were you. Good luck.

    Jeffrey K. Traylor
    Multnomah Legal LLC
    Portland Divorce Lawyer

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  • Can I get full custody if I owe child support?

    I am trying to get full custody of my kids from my ex but I owe her child support because she has been paying for their health insurance. I cant pay her support right now because I don't have a job. Currently we have 50/50 but nothing has been est...

    Jeffrey’s Answer

    • Selected as best answer

    Jay is absolutely right regarding the law in your situation. That said, as a practical matter, judges tend to disfavor parents that haven't been paying their support absent a really good reason. It would also probably be better from a strategic point of view to acquire a new job before you begin stirring up the hornets nest. Without knowing more about your case it is impossible to determine what your chances however. It sounds like you would benefit from a sit-down with an attorney to ascertain the lay of the land. Good luck, -Jeff

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