Legal Question in Family Law in Oregon
Guardianship Gone Wrong
My question is: does it cost money for me to petition a Judge/Court to have a guardianship reversed? As I noted in an earlier post, I voluntarily signed the guardianship of my two precious children, ages 2 and 5, over to my mother while I was extremely affected with both post-partum depression and substance abuse. Although I was never physically abusive to my children, I'll admit there were times of neglect, that I will admit freely but am deeply ashamed and remorseful about. I feel it on my heavy heart every single day and will never forget the pain on my eldest face as he is forcible taken from me. Or of having a mother who was incapable of caring about herself or her children. Now I have over 6 months clean and sober, have completed a parenting class, and desperately want my children back. I am devastated, to put it lightly, and so are my children. My mother decides when or if I get to see them. What started as an act of her sacrifice and as a favor to me during a tough time...has turned into a nightmare. What would a judge want to see in order to retract the guardianship? I don't have money for a trial but I am healthy enough to have my babies back. I don't want to get ugly, but she was a much worse mother to me...I only wan
1 Answer from Attorneys
Re: Guardianship Gone Wrong
My question is: does it cost money for me to petition a Judge/Court to have a guardianship reversed?
Answer: No, it does not cost any money. But you should use the services of a lawyer. Call the Oregon State Bar's Lawyer Referral Service at 503.684.3763 (1.800.452.7637 if outside of the Portland area). They can give you information about no-cost or low-cost legal resources.
Question: What would a judge want to see in order to retract the guardianship?
Answer: You would need to show the judge that when you voluntarily signed the guardianship of your two precious children, ages 2 and 5, over to your mother, you were extremely affected with both post-partum depression and substance abuse and that you were at that time not able to fully and responsibily take care of the children on your own (which is why the guardianship was needed), but now you have been over 6 months clean and sober, have completed a parenting class, and desperately want your children back, and that there is no longer a need for a guardianship. And that is what needs to be done.
LDG
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