Legal Question in Family Law in Oregon
Legal custody contract.
A divorced woman who has custody of here two kids being deaf signed a paper she did not understand that�s says her mother gets custody. Below is the text she signed.
I {Woman�s full name], give permission for my mother, [Mothers full name], to have legal custody of my children; [child one] age 13 and [child 2] age 6. I agree to help for food and clothing and medical as needed. I have permission to take the children on weekends or holidays as I wish. My mother has all permission for school outings and getting to and from school.
The text is signed my the woman the mother both children and a witness.
I wish to understand if this is legal and would stop here from taking her kids when she wants.
1 Answer from Attorneys
Legal custody contract.
Oregon law provides as follows:
ORS 109.056: �A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the powers of the parent or guardian regarding care, custody or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward.�
A custodial parent has the right to delegate parental authority in accord with the statute. Consent of the non-custodial parent is not required. Also, if the custodial parent is temporarily unable to maintain custody of the children, there is no obligation to give to the other parent a �first right of refusal� before delegating parental authority to a nonparent (unless there is a provision in your court order so requiring).
However, if the circumstances are that the custodial parent is now unable or unwilling to render effective parenting for the children, and you feel the best interests of the children under these circumstances would be for you to have custody, then you should file appropriate legal papers with the court seeking modification of the existing custody order so as to change custody to you.
LAWRENCE D. GORIN
Law Offices of L.D. Gorin
621 S.W. Morrison St., Suite 350
Portland, Oregon 97205
Phone: 503-224-8884 (afternoons, Pacific time)
Fax: 503-274-0818
E-mail: [email protected]
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