Legal Question in Family Law in Oregon
Guardianship
Hi, I have asked a few previous questions about a legal guardianship, sined by a jude. My husband and I were going through a very rough time, includin post-partem depression for me, and substance abuse isssues. The children were never hurt but DHS was called a couple of times, and I will admit theretimes of neglect that I am deeply ashamed and remorseful about. I have been sober 6 months now, attend AA, have passed all my U.A's, completed a parenting class, and attend weekly counsleling for myself and with my children aged 2 and 5. I desperately want them back in my custody. Tonight however, my mom threw me for a loop and said that in order to get custody back I would have to live in a half-way house for 3-6 months! This sems a little late in the process for this. I live in a home that I own and do not want to go through that. My children and I are beyond devestated and want to be reunited. Does she have the right or authority to make a demand like this? I am scared out of my mind and sad to put it lightly! What should I do? I do not have an open case with DHS, this was done voluntarily. Does my mother have the authority to request this condition? Especially since I have already turned my life around. My kids my world....
1 Answer from Attorneys
Re: Guardianship
QUESTION: My mom said that in order to get custody back I would have to live in a half-way house for 3-6 months! Does she have the right or authority to make a demand like this?
ANSWER: Since when did your mother become the Judge? Nor is your mother a DHS caseworker. It is not up to your mother to impose conditions on you, nor are you required to comply. Instead, you need to get a judge to terminate the guardianship. I have told you this before. As Nike says: Just Do It.
PS: I cannot provide any further advice to you through this forum beyond that which I have already given. At this point, you need to confer with a lawyer (in person) who can review the court records in your case and they accurately address you legal concerns and questions.
L.D. Gorin
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