Legal Question in Family Law in Oregon

Re: guardianship

Body:

My daughter and her husband signed 1 of their 4 children over to me 3 years ago for guardianship. I was granted guardianship until the child is 18 years old. Now my daughter is planning to divorce her husband. Does she write that 1 childs name on documents to have custody of that child on court documents, or is that child mine legally? Bottom line: does the childs name need to be listed in court documents?

ANSWER: Yes, ALL children as to which the divorcing parties are joint legal parents must be listed in the Petition for Dissolution.

When you say you are the guardian of one of the child, I ASSUME your were so appointed by a court order (not just informal consent of the child's parents). As part of the divorce process, the divorce court will determine whether the custody of each minor child, whether it be to one parent or the other, or jointly to both parents. The decision as to legal custody between the divorcing parents as to a child for whom there is an existing guardianship is subject to the continuing, on-going guardianship. In other words, if the mother is granted custody, she takes custody SUBJECT to the existing guardianship. When the guardianship is terminated, if the child is still a minor, the parent who was granted custody by the divorce judgment will then take over.

LDG