Legal Question in Family Law in Oregon
Regarding Custody of a child that was previous in grandma's temp guardianship
My husband is looking to gain custody of his 8 yr old daughter. She is living with the grandma on a temp guardingship via probate dept. Well the mother came into the picture and has been in a treatment facility and is about to gradute. The grandma has terminated her guardiship via an attorny. I want to know how this works as far as my husband gaining custody. The child is with us for the summer. Can we just keep her now? we know for sure that the termination of rights of guardiship of her are filed and approved. I called the probate dept and there are no other cases under the childs name. a little info...we weren't aware that the grandma had TG until 3 mths ago when we tried to file for custody because the child has been with the grandma since 13mths old. How strong is our case if the mom that has been a drug addict since the child was born and hasn't been involved until just recently? we have a stable household and can provide more. The mother is also very demeaning and patronizing to the child. You can tell the child doesn't really know the mom and wants to live with her because she lets her go and play and be with anyone she wants. We want to protect her and keep her as innocent as possible. What can/should we do? Thanks
2 Answers from Attorneys
Re: Regarding Custody of a child that was previous in grandma's temp guardianship
Your situation has a lot of issues involved. Our office could certainly consult with you on the issues and I would recommend getting legal advice ASAP. We offer flat fee consultations for $100. Please contact our office to set something up. I look forward to speaking with you and hopefully assisting you and your husband.
Re: Regarding Custody of a child that was previous in grandma's temp guardianship
You need to seek legal advice as there is much to review. You did not indicate there was a previous custody judgment. The court can modify a previous custody order if there is a substantial change of circumstance in the Mother's circumstances. If there is not a previous order, the court will consider the "best interest" of his daughter. I am located in Gresham and my consultation fee is $70.00 to review your case. If you want to review the details, please give me a call. 503.492.4229