Legal Question in Family Law in Oregon

Safety for Grandson

Ok so even though we were granted full custody of the grandson, and the Mom not the Mom and dad, just the mom due to abuse from the father of the grandson we know would be granted back full custody of our grandson, the Joint Custody wouldn't work for us? Even if the Mom agreed to it and we would do as the father would do if he wasn't abusive and could see the kid. We would provide medical and dental and pay for his daycare. We would put that in the provision for the Joint Custody. Can that be done if this is a part of the parenting plan? That maybe then in a year or so the Mom and us can look at giving her full custody back as long as we know it is safe. We just don't want to let go of the full custody and then something go wrong and start this whole process over again. So if the dad was out of the picture could between both the Mom and us as we have shown there is a Child/Parent relationship could we do then at that point a joint custody paperwork? Thank You


Asked on 12/30/07, 6:46 pm

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

Re: Safety for Grandson

You seem not to understand the legal distinction between a parent and a non-parent. Grandparents are "non-parents." While Oregon law allows for joint custody between the child's parents, the law makes no provision for joint custody between a parent and a non-parent. And the fact that the mother may agree to such an arrangement does not mean that the court can then order it. The authority of a court to order joint custody is derived from the statutes enacted by the Legislature, not from the consent of the parties.

If you are not yet willing to forego the legal custody that you now have (and just how did you get legal custody to being with???), then don't voluntarily do so. Just maintain the status quo. In the meantime, there is nothing that prevents you from allowing more and more time for the child to be with mother. Even, for all practical purposes, allowing the child to live in mother's home, all the while with you continuing to maintain legal custody of the child.

LDG

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Answered on 12/30/07, 8:45 pm


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