Legal Question in Family Law in Oregon

Legal Guardianship of brother

My husband and I want to have custody of his 14 year old brother. The boy's parents are negligent and verbally abusive, and they take his money that he makes from a part-time job without his consent. If the 14 year old wants to live with us, but we know his parents won't consent to legal guardianship for many selfish reasons, could we get it anyway if we made a compelling argument that they are unfit parents? How much would the 14 year old's wishes and testimony influence a judge? Could trying to get legal guardianship without their consent become long, drawn-out and costly?


Asked on 6/07/07, 9:38 pm

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

Re: Legal Guardianship of brother

QUESTION:

If the 14 year old wants to live with us, but we know his parents won't consent to legal guardianship for many selfish reasons, could we get it anyway if we made a compelling argument that they are unfit parents?

ANSWER: Probably not. If they are unfit parents, it is a matter for Child Protective Services.

QUESTION:

How much would the 14 year old's wishes and testimony influence a judge?

ANSWER: Not very much. (Suppose the 14 y/o decided he does not want to go to school any more? Sould that, too, be the child's decision? Or are there some matters that are simply not up the child?)

QUESTION:

Could trying to get legal guardianship without their consent become long, drawn-out and costly?

ANSWER: Yes.

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Answered on 6/08/07, 4:08 am


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