Legal Question in Family Law in Oregon
My husband is legal guardian of my eldest son, but we are getting divorced. Will we be able to maintain his legal guardianship over my son once we are through the divorce process? Or is it automatically terminated?
1 Answer from Attorneys
The fact of the guardianship will need to be disclosed in the divorce petition. The court would likely want to review the reason and purpose for the guardianship as part of the custody determination but if you are not asking for sole custody and/or a change in the guardianship, then I don't think the court would have any reason to make a change to the guardianship. If you did want it to terminate, you would need to provide a very good reason and ask for the change as part of the child custody determination in the divorce proceedings. If the court which granted guardianship is not the same court in which the divorce petition is filed, then a transfer of the guardianship case to the court hearing the divorce would be necessary.