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Nicholas A Heydenrych

Nicholas Heydenrych’s Answers

283 total


  • Is it possible for me to terminate his rights completely?

    My daughters biological farther is awaiting federal prison time. He has a long criminal history with drugs. He has not been involved in her life much. He went to prison for a couple of years. When he got out i allowed supervised visits. That did n...

    Nicholas’s Answer

    I agree with Jay as usual. I will also add that your daughter doesn't need to "terminate" his rights when it's much easier for her to simply sue for primary and legal custody and request that the Court order no parenting time for the Father. That wouldn't terminate his rights but it would have the beneficial effect of protecting the child from Father's issues.

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  • Does my husband have any kind of grandparents rights and can he legally get visitation?

    My stepdaughter and her boyfriend refuse to let my husband see his grandson. Both have issues. The boyfriend has a horrible temper and my stepdaughter believes anything he says and anything he does is someone else's fault. He was escorted out of m...

    Nicholas’s Answer

    It's complicated. Your husband may have standing to sue for either visitation or custody, but then again the law presumes parents are fit to make judgments about what relationships they facilitate, as is their Constitutional right. Overcoming that hurdle can be difficult. See Nguyen and Nguyen for Oregon's lead case on this issue. http://www.publications.ojd.state.or.us/docs/A138531.htm

    There is also the possibility that this situation should first be reviewed by the Department of Human services if the parent's lifestyle represents a danger to the child (including danger of neglect or emotional abuse). If the parents are to the point where they are actually harming the child, DHS intervention may make sense.

    Just understand that this may also be viewed as "going nuclear" so I recommend that you consult with an attorney first. Such reports are theoretically anonymous but then again DHS sometimes fails to protect that anonymity and most parents are usually able to figure out who reported on them on their own anyway.

    You should consult with an experienced family law attorney, hopefully one who also has experience with child welfare cases and grandparent's rights cases. In my experience it is more helpful to use honey than vinegar in these situations, but then again I've also had cases where the parties are just beyond reason and Court intervention is necessary.

    Good luck.

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  • Can I take my son this Saturday from her? Also if the father is Present during these visits will I still be able to take him?

    My sons fathers grandmother is letting me see my son under supervised visits that she watches. There is no court order saying I need to have surprised visits or anything. There is also no parenting plan or restraining order as well. Ive filed fo...

    Nicholas’s Answer

    I agree with Mr. O'Connor. Just because you can do something doesn't mean that it's a good idea.

    I would simply add that you need to be honest with yourself about why this situation came about in the first place and come to Court prepared to show how you've dealt with the underlying issues.

    Sometimes parents fall out of their children's lives due to overbearing or interfering grandparents. That may be your situation. More often though there are real underlying issues with a parent's fitness like extreme financial hardship, homelessness, an unstable lifestyle, domestic violence, a substance abuse problem and/or psychological issues.

    If your case involved any of these issues you should come to Court with some evidence that things are different now and that you've either completed treatment or are working on treatment for those issues as they apply to you.

    I do not recommend showing up unrepresented or unprepared to speak about these issues. Also, the Court will most likely take a dim view of you and your fitness as a parent if you simply deny the importance of those issues in your life (as they apply) or try to vilify the grandparents.

    The better play is for you to work hard on those issues (as they apply) and let your attorney do the minimizing as they deem wise in your situation. Better still, you should work with your attorney in advance of your hearing date to discuss realistic goals for your case based on your facts, and attempt to negotiate a settlement that is agreeable to the Father and in the children's best interests, if possible.

    In all likelihood the best plan should involve a careful transition into you being a full time parent, with the pace of that transition controlled by the children's best interests. Even if you have no deficits as a parent, you still have to give careful consideration to your son's established ties and lifestyle, and how changing that lifestyle could effect him now. Children are generally robust, but they still experience stress when their is family conflict and extreme changes in their environment. You want to demonstrate stability, sound judgment, and good parenting skills over a reasonable course of time.

    Good luck.

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  • Mom's boyfriend took money from her wallet and bought alcohol with it. What can she do about it

    My mom sent me a message telling me her boyfriend soon to be ex stole money from her wallet 500$ that was ment for rent. I guess she pays all of rent. Then used to pay for alcohol. He then threatened her and backed her into a corner emotionally ab...

    Nicholas’s Answer

    You are correct in thinking that the boyfriend and the police are wrong in this case. Your Mom's property is still her property.

    Her legal options are somewhat limited. She could call the reporting police department and ask to speak to a supervisor. In theory the supervisor should then review the situation with the responding officers and correct them on the law, which should then cause them to go back and arrest the boyfriend. As a practical matter, this is unlikely, because police tend to back each other's decisions. Nonetheless it's still worth pursuing. She may want to consider filing a formal complaint with the agency.

    She also has the right to sue the boyfriend for conversion (the civil equivalent of theft) in small claims court. This is not necessarily a great idea because even if she were to win in that process she would still then have to collect on whatever judgment results. If the boyfriend doesn't have resources she would essentially be trying to get blood from a stone. She may even come out at a loss pursuing that process because she would have to pay a filing fee.

    As a practical matter she should pack her things and leave. The fact pattern you describe indicates severe alcoholism and at least one form of domestic abuse (financial abuse). Good luck.

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  • Can she take me to court to follow Oregon Child support rules or do we follow state of ruling RI?

    I am a divorced male living in Az. I have 2 children 18 and 19, 1 graduating high school and 1 attending college in Oregon, both living at home with mother. I was divorced in Rhode Island in 98 but the children and mother have live in Orgeon for ...

    Nicholas’s Answer

    Under the Uniform Interstate Family Support Act (UIFSA), whoever moves to change child support (i.e., reopens litigation on this issue) has to file in the state the non-moving party resides in. So if you want to file against her to change your child support obligation you have to file in Oregon, if she wants to file against you she has to file in Rhode Island.

    Other than that you will need to consult with a lawyer to determine whether filing makes sense. It will depend on factors best not discussed here like total number of overnights (for minor children), your gross monthly income, Mother's gross monthly income, who's providing health insurance, and so on. Another complication is that you will have to include adult children as parties to the case.

    Consult with an Oregon family law attorney to first determine what the projected outcome is likely to be. It could be that you're better off filing, but then again maybe not. It depends.

    Good luck.

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  • What can legally be done? Would it be ok if i found a recording device and record every conversation?

    There has been multiple events of my mother doing or saying things like bashing my head into a wall and shaking me by my hair. She has gaslined me among other things that make me question reality. All i want to do is go live with my dad. For month...

    Nicholas’s Answer

    If there is pending litigation between your parents, e.g., a motion to modify custody, you can write a letter to the Judge handling your parent's case and request that the Judge appoint an attorney to represent you. Only your parents can initiate proceedings. However, once one of them does, under ORS 107.425(6), the Court must appoint a lawyer to represent you if then make a written request to the Judge for one.

    Your lawyer's recommendation will not necessarily be the final word in your case. Both your parents and their attorneys will have the right to stake out their own positions, and ultimate authority rests with the Judge. That said, based on what you're describing it sounds like there are good grounds for a change, and I would expect that having an appointed attorney in your corner will help immensely.

    Good luck.

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  • How much trouble am I in??

    I was just arrested if a parole violation in my home. I am a repeat offender and my parole terms state that if I violate my parole they have a permit to search me and my belonging. so here is the story I was alone on night sleeping at like 3 am an...

    Nicholas’s Answer

    I agree with the other answers - consult with an attorney and don't try to get a free consultation through a general information forum.

    While it is highly unlikely that you're facing 10 years under the facts you provided, your potential jail or prison time will depend on a lot of factors you shouldn't discuss publicly. Some factors include: Do you have a record of person-to-person crimes (like Assault), did you use the firearm in commission of a crime, or merely possess it? Why were the police in your home in the first place? What statements did you make when interviewed? Etc. DO NOT ANSWER THESE QUESTIONS HERE. Provide that information to your lawyer, in a private setting.

    Good luck.

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  • Would I be in violation of temporary stalking order if my ex shows up to a place I am?

    I was served a temporary stalking order yesterday by my exes girlfriend. It's the 3rd one in 5 years she's served me with. The allegations are so preposterous, I'm not worried about the actual order being made permanent, especially given her his...

    Nicholas’s Answer

    Jay has an excellent answer as always. I would just add that you ought to consult with a family law attorney to get around the issue of how you're supposed to co-parent under these conditions. Theoretically you may be temporarily stuck between two conflicting orders - a custody order that requires you to co-parent and engage in pick-ups and drop offs with your ex, but at the same time a temporary stalking protective order that would criminalize doing so. Talk to a family law attorney ASAP on this issue.

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  • If we pay restitution w her in jail will they keep her in jail or revoke her..probation expired

    My fiance is in jail. Probation violation.the only reason she is still on probation is not paying restitution..her po said she is revoking her for violations of no contact. order she put on me. For no reason..other then personal I think

    Nicholas’s Answer

    You need to consult with an attorney in private to answer these types of questions. Call the Oregon Bar for a referral. In the meantime your question contains some contradictions you should try to clear up in advance of a consultation. For example, if she's on probation, then it's not expired - so what exactly do you mean by that? Also, the reason why she's in custody could be for both violations - failure to pay restitution and violating the order not to have contact with you. Figure out what's in play. If you can't get that information in advance of consulting with an attorney, then their answer is going to be less certain.

    As a general rule, attorney's can't promise what will happen. It's possible she may be continued on probation, revoked, terminated, or have her probation extended and/or modified. It just depends on details you shouldn't provide in a public forum like this. Sandy is right that the PO gets to make a recommendation and that the decision is ultimately up to the Judge. The DA and the Defense attorney also get to make their own recommendations as well.

    One way you could help is to contact your fiance's defense attorney. That attorney cannot advise you but they can ask for your help on her behalf.

    Good luck.

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  • Can a po put no contact on you.for no reason and revoke her .and if she can make a. No contact can she do it w out judge..

    My fiance is in jail for violating probation..her po put no contact on me..for I believe personal reasons..my girl is only on probation because she hasn't paid restitution..her probation expired. 7 months ago but po say she isn't done till she pay...

    Nicholas’s Answer

    It would really depend on some information that you haven't provided and shouldn't provide in a public forum like this. You should consult with an attorney in private. Most Oregon attorneys will charge a small consultation fee. If you call the Oregon Bar they will refer you to an attorney who will charge $35 for a 45 minute consultation.

    Be prepared to answer the following questions: Are you also on probation? Are you a victim, witness, or co-defendant in your fiance's case? Does the PO believe you to be gang affiliated, a drug user, or otherwise criminally involved? To the best of your knowledge, *why* is the PO ordering her not to have contact with you?

    Again, please don't answer these questions here. Consult with an Oregon attorney. A consultation is not a commitment to hire. Good luck.

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