Legal Question in Family Law in Oregon
Short and simply put; wife cheated (with cousin)
Should a non-custodial parent be notified of a pending guardienship. Ex-wife is/has abandonded 2 kids to her mother. (Even tho it is ''well'' known that the father would have taken them in a minute!). In fact has not even seen his kids in over 2 years and is not able to speak to them according to the grandmother (who keeps them well hidden and away from him) for NO real reason. This is the 2nd time the mother/grandmthr have kept the kids from seeing their father or anyone on his side of the family. the mother is a drug/sex addict and homeless. The father has 1 drug conviction completed/passed probation over 2 years ago and is not homeless and has never given up hope of seeing his kids who he loves with all his heart. He IS rec. disability (for minor schizo.) but lives with parents and has extra room (g.mthr. does not). In fact schiz. was believed to have been brought on due to the stress of having his children (who had frequent and reg. visits) suddenly gone from his life with no explanation. (It was because cousin was gettin out of jail and ex did not want him to find out she'd been sleeping with her ex, while she was preg. with new beaus child),so she removed them completely from his life).Mth-i-lw sms to have guardianship
1 Answer from Attorneys
Re: Short and simply put; wife cheated (with cousin)
QUESTION:
Should a non-custodial parent be notified of a pending guardienship?
ANSWER:
Yes, the non-custodial parent should be notified. Indeed, Oregon law REQUIRES that the non-custodial parent, as well as the custodial parent, be notified whenever a third party (such as a grandparent) seeks an order from the court that would deprive and infringe on the legal rights or status that the child's parents (regardless of custody) would otherwise have.
LDG