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.
1 Answer from Attorneys
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
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