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?


Asked on 12/29/12, 2:13 am

1 Answer from Attorneys

David Clarke David C. Clarke, Attorney at Law

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.

Read more
Answered on 12/29/12, 5:17 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Oregon