Legal Question in Family Law in Oregon

Oregon DHS and guardianship

ANSWER: ORS 109.056 allows for a TEMPORARY DELEGATION OF PARENTAL AUTHORITY. The ORS 109.056 �guardianship paper� that was signed does NOT change legal custody. It merely authorizes another person (grandparents, other relatives, etc.) the right to exercise �any of the powers of the parent or guardian regarding care, custody or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward� for a period not to exceed six months. The parent who signed the document continues to retain legal custody and can cancel the entire arrangement at any time and for any reason, even it is short of the six month period stated in the document.

This is somewhat akin to my signing a paper that allows my cousin to possess and drive my car, using it for any purpose and driving it anywhere he wants, for a period not to exceed six months. If anybody questions my cousin�s authority to be driving the car, he can show them the document that I signed. However, I am still the legal owner of the car and can take it back from my cousin any time I want.

Also, by state law, the power of DHS and the Juvenile Court to take custody and control of the child supersedes any arrangement that the parent may have made with other family members, etc.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

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Portland, Oregon 97201

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