Legal Question in Family Law in Oregon

transfer of guardianship

We have had legal guardianship of our grandson. His mother agreed to it instead of the state putting him in foster care because of her alcoholism. Now our grandson is thirteen and wants to live back with his mother. She no longer drinks and completed all of the recommended classes. My question is, how do we transfer the guardianship back to her. Originally we completed and filed the necessary legal forms and were given letters of guardianship by the courts.


Asked on 5/02/09, 12:29 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: transfer of guardianship

Assuming there is no state involvement in the case, so that it is purely a private matter between you and the mother, all that would be needed is for mother to file a motion with the probate court that established the guardianship asking for an order that now terminates the guardianship, doing so on the basis that the circumstances that originally gave rise to the need for a guardianship have changed for the better and that there is no longer a need for the guardianship to continue.

But I suspect that your case involves some state involvment since you made reference to the mother havine "completed all of the recommended classes." And if the state is involved, the guardianship most likely will not be terminated unless state authorities say it OK. So first thing you need to do is ask the caseworker assigned to the case what the mother needs to now, if anything, to regain custody and bring an end to the guardianhip.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html


Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

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Answered on 5/02/09, 7:23 pm


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