Legal Question in Family Law in Oregon
Regarding Custody
I read through many ads with questions being answered and not where money was asked for. I am saddened that I have had 2 replies, and both times they have basically been ads.
I will try again.
My step daughter has been with her grandmother who sought out temp. guardianship, she has since then went to a lawyer and had this terminated as the mother is now clean and is graduating from a treatment facility. I have contacted the probate dept. in oregon and they stated that the order has been terminated and there is no other orders found on this child.
My question: We have had her for a few months now.
Can my husband just keep her and file for custody?
If the mother decides to go to court after being served...
are we the ones that keep her during this process?
The mother has an extensive criminal and drup abuse record....
Do you think the judge would lean towards my husband for sole custody and give her visitation rights?
Please if I could just get some advice on this subject without a ad I would be so tremendously greatful.
If we could afford a consult, we would have already retained a lawyer.
Thanks to what ever assist you can provide and to all replies!
1 Answer from Attorneys
Re: Regarding Custody
This is a very complex question - in order to answer your question, it is necessary to know what is in place. If there are no legal papers filed, your husband can file for custody by filing the documents available on the State of Oregon web page at your county courthouse. OR Go to your local law library or self help desk at your county. Each county has different self help procedures. You do not have to hire an attorney - and there are low cost attorneys through the Oregon State Bar or St. Andrews legal clinic in the Portland area. The questions you are asking cannot be reliably answered without knowing more, but you must start with filing a petition or modification. I am sorry you considered my earlier response an ad, but it is not possible to answer your question. The grandmother will be a necessary party as she has been the party raising the daughter for a long time. Where was father through this? Why was he not given temporary custody instead of grandmother? Good luck.
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