Legal Question in Family Law in Oregon
Giving Custody to a relative
My Daughter died in 2007. Her husband is not able to raise both of their children and wants my other daughter to raise his little girl. Is it necessary to hire an attorney when both parties agree on the situation? Are there papers they can draw up to do it themselves and make it legal?
2 Answers from Attorneys
Re: Giving Custody to a relative
First, of course, my sympathy to you on the loss of your daughter. That is a loss no parent should ever have to experience.
Second, my profound and sincere apologies to you for any discourtesy or rudeness that was perceived from my earlier answer to your question. Most certainly, as I explained to your other daughter when we spoke by telephone, nothing of that sort was intended. To the contrary, my intent was to simply to help you avoid potential legal problems that often arise when trying to resolve legal problems without the aid of a lawyer. Obviously, I could and should have presented that advice in a kinder and gentler way, and I regret that I did not do so.
In any event, as indicated, I had a very good and productive telephone conversation with your daughter, and I believe we came up with the right plan of legal action that will provide for the legal custody of your granddaughter. And doing it without need for either lawyer involvement or court action.
Again, my apologies...... I wish all the best to you and your family. Please feel free to get back in touch with me if further information is needed or if any questions arise.
LAWRENCE D. GORIN
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
Phone: 503.224.8884
E-mail: [email protected]
http://www.divorcesource.com/OR/pages/ldgorin.html
Re: Giving Custody to a relative
Question:
Is it necessary to hire an attorney when both parties agree on the situation?
Answer:
No, not necessary. But you would be extremely foolish and unwise to not to do so. Even though both parties are in agreement now, that may not always be the case. Both parties need to be fully advised as to rights, responsibilities and liabilities in this situation. There is far more here than meets the eye.
Question:
Are there papers they can draw up to do it themselves and make it legal?
Answer:
Sure. And I can perform surgery on myself without need of a surgeon. But if I want it done and done right, I would be better off hiring a surgeon. That's what surgeons are trained to do. Same with trying to practice law on your own. Good luck. You would be far better off hiring a lawyer to perform the legal work that is needed in your case. That is what lawyers are trained to do.
(Apologies for sounding somewhat condescending, but I must say I get a bit frustrated when I end up having to do "clean-up work" to resolve problems for people who could have avoided the problems had they used the services of a lawyer to begin with.}
LAWRENCE D. GORIN
http://www.divorcesource.com/OR/pages/ldgorin.html
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
Telephone: 503.224.8884
Fax: 503.226.1321
E-mail: [email protected]