Legal Question in Family Law in Oregon

Re: Parent versus Guardianship

Body:

My husband has not seen his daughter for four years because the mother took the child and moved without notice. In that time, he was confirmed as a 50% disabled veteran and had been trying to reestablish contact with his daughter. He just found out that the child�s mother had gotten in to a situation where she could not take care of the child. At that point, the child�s grandmother filed for guardianship. This grandmother has guardianship without the knowledge or consent of one of the parents.

What are the legal rights of that parent, my husband?

ANSWER:

Your husband needs to file a motion in the guardianship case seeking a court order terminating the guardianship, doing so on the basis that he is the child's father and is ready, willing and able to take custody of the child and, therefore, there is no longer a need for a non-parent guardian.

LDG