Father is on probation for drugs and he is living with friends mother is living with parents and concerned for childs safety. She has no court ordered parenting time and needs to know what she needs to do for the safety of the child. A restrianing order or seeking sole custody?
Criminal Defense Attorney
As you can tell, it is *really* important to get this situation under control as soon as possible, and keep this child safe. Call Caryn Jones, a great family law attorney in Portland, Oregon. I highly recommend her. Her number is (503) 941-0490.
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 been doing for the past 3 months. That should protect the mother until she is able to get into court for the custody trial.
In any event, it is important for the Mother to seek legal advice sooner rather than later so she can get the ball rolling. In addition, once she files for custody she will be able to get child support retroactive to the date of filing. If she is still in need of assistance feel free to pass along my information. I would be happy to help and provide further information in a free consultation. Good luck!
Jeffrey K. Traylor
Multnomah Legal LLC
7406 SE Milwaukie Ave.
Portland, OR 97202