Legal Question in Family Law in Oregon

guardianship- was supposed to be short

I have voluntarily signed the guardianship of my two children, aged 2 and 5, over to the care of my mother, while I dealt with severe postpartem depression and substance abuse. It has been 8 months now, and I am ready to be their mother again...in evry way. I cry myself to sleep evrynight with regret and remorse fro my actions. DHS does not have an open case because of the fact that I signed them over legaly with a judge. The problem is that now I want them back and she is unwilling. If I were to sell my house and have about $300,000 cash in ordrer to move to the Yukatan, does My mother have any legal right to demand the children back? I have been involved with DHS in the past but the case was closed.


Asked on 2/24/08, 1:53 am

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: guardianship- was supposed to be short

I assume that the court action in which your mother was appointed (with your consent) as guardian for your children was done because there was a NEED for such a guadianship.

If and when the NEED that justified the guardianship no longer exists, the guardianship should then be terminated.

Thus, if the court appointed your mother as the children's guardian at your request, you need to now request the court to terminate the guardianship. And that will take care of that.

LDG

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Answered on 2/24/08, 4:19 am


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