Legal Question in Family Law in Oregon

custody of grandchild

I have a 4 yr old grandson that I have been taking care of about 98% of his life, now the parents want him back and their lifestyle hasn't changed. They are both into the drug scene, are homeless. They are not together as a family and lied to a judge as to where they were living. The father is my son.We have been to court several times since May of 2004 and the mother is given so many chances to change her life and has not at this point. I had a lawyer but he didn't speak 10 words at either hearings. Jan 18, 2005 we go before the court again to have a conferance to see where things stand. The judge suggested that the mother have unsupervised visits. There was not a legal court order. She went to jail a few days after the hearing. There has been 1 phone call since that court date. The day she got out of jail the father went in. Now tell me why the judge is beliving her story and not seeing my side. My husband and I and not rich but we have been giving this child a warn and loving home. He feels at home and It would devistate him mentally to be put in a place where he has nothing.If there was not a legal court order was it against the law to deny her visits even if she had called to see the child? Thank you


Asked on 1/06/05, 10:27 pm

1 Answer from Attorneys
Noel Snyder Law Office of Noel Snyder

Re: custody of grandchild

I will try to answer your guestions, but without knowing the nature of the court proceeding you are involved in there are gaps in mu understanding of the case. From what I can tell you have been at least the physical custodian of the child essentially for the last four years. The circumstances that prevent the parents from caring for the child have not changed. Now comes the questions. Are you the legal custodian? If so for how long? Did the court appoint you the guardian? Is DHS invovled? Is there an attorney for the Child? Your attorney who didn't say much in court - what did you want him/her to say or do? Did you file a petition asking the court to give you custody or appoint you as the guardian? Why are you in court? See where I'm going with all of this. If you have legal custody or are the appointed guardian and the court has not order any specific type or schedule of visistation then visitation is at your discretion. If DHS is invovled then most likley they have temporary legal custody and they have the responsible to make decesions about visitation. I don't know what the mother's side of the story is or what the judge is believing, but if as you say the parents have not resolved their issues then you must ask the court to grant you guardianship of the child.

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Answered on 1/07/05, 11:28 am


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