Legal Question in Family Law in Oregon
Child Custody
I live in Bellingham, Washington. My son is living in Oregon with my Aunt. She only has medical and finacial custody of my son. In the state of Washington it states that she has to give back the child upon parental request I was wondering if the same law applies in Oregon. There is no court orders or CPS involvment. So I was wondering what Oregon law says and who I have to contact if anybody to try and get my son back in early November.
2 Answers from Attorneys
Re: Child Custody
The answer in WA is the same. Go get your child. There is no such thing as "medical and financial" custody.
Elizabeth Powell
Re: Child Custody
In the absence of any governmental involvement that provides the aunt with legal authority to maintain possession and custody of your child (and which deprives you of the right to such possession and control), it would appear that the child is presently with the aunt solely at your behest. Assuming that is the case, you can simply go get the kid. After all, you are the child's parent; the aunt is a non-parent. Absent a court order that says otherwise, you have the right --- based on your being the child's parent --- to the possession and control of your child.
L.D. Gorin
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