Legal Question in Family Law in Oregon

Re: Do AUNTS have any legal rights to their sisters children ?

There are several things going on here and some steps you should take now to be in the best position to provide care for the children. If your mother in law in not a permanent resource and you are you should contact your mother in law and see if she will place the children with you. By the way the mother in law has no greater right to custody then you. In fact neither you nor your mother in law have any custodial rights. If the State files a dependency petition (which I am suprised if that have not already done so) then the State is the temporary legal custodian of the children. The child welfare caseworker (DHS in Oregon) will make the placement decision. Therefore it is very important that you maintain contact with the caseworker, cooperate with the agency, attend court hearings and demonstrate an interest and commitment to these children. If the State has not filed a dependency petition then you can file petition to be appointed as their guardian. You can petition the court for such an appointment regardless of whether the children reside with you, but it will be better if the children are actually in your physical custody. If the children remain in your phyiscal custody for 6 months you can petition to intervene in any legal proceedings concerning the children as psychological parents. Even if the State has filed a dependency petition you could still file a guardianship action and consolidate it with the juvenile case. However, if the children are not in your care, you have not been involved in the case planning for the children and adopt an adversarial posture with the agency you are not likely to be sucessful