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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38295
Experience:  I provide family and divorce law advice to my clients in my firm.
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I want legal custody of my friends daughter so her dad cant

Customer Question

I want legal custody of my friends daughter so her dad can't take her. What do I file?
Submitted: 4 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 4 years ago.
Who currently has legal custody of the child?
Customer: replied 4 years ago.
Her mother has full legal custody. Her dad has visitation only.
Expert:  Dimitry K., Esq. replied 4 years ago.
Will the mother contest your motion for legal custody?
Customer: replied 4 years ago.
No. She was going to sign a power of attorney over to me but the court house told her that her dad could still come and get her.
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for waiting. In Oregon, you can establish what is termed a "third party custody". To do so, you must show that you have established an "ongoing personal relationship" with the child. If you have raised or parented the child, then that is something that you can use to show that you are more "fit" to receive custody. Be aware that a presumption exists in favor of the legal parent, in this case the father, but if the presumption is overcome, a court can award parenting time and even custody of a child if it is in the child's best interests.

To do so, contact the court under which the child is cared for (typically the court that handled the support, if that occurred between the parents), ask to speak to the court clerk, and request forms for the petition of "third party custody". Explain that you are filing "pro se", meaning without representation. You may be asked to come to court and fill them out there. If unsure, ask the clerk for assistance in how to fill them out.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 4 years ago.
Will the father be served and have a chance to challenge it in court? Will there have to be a hearing before I would be awarded custody?
Expert:  Dimitry K., Esq. replied 4 years ago.
Yes, the father will be notified, as he will have a chance to contest and show that he should be the one to take custody, should he want to. This will occur in front of the judge, and if the judge agrees, after listening to both sides, he will make his custodial modification determination.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 4 years ago.

Will the child get to speak on her own behalf? And would the mother have to be prestent in court since she agrees already or can she just give a written deposition? I think what you are doing is great by the way!

Expert:  Dimitry K., Esq. replied 4 years ago.
The child can be asked to speak, but that depends on the age and maturity of the child. In either case, while important, the wishes and opinions of the child are not controlling to the court. If you can get the mother there to speak on your behalf, that would make your case much stronger to the judge.

Thank you very much for finding my information useful. Please let me know if I can assist further.

Sincerely,

Dimitry Alexander Kaplun, Esq.


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Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38295
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 9 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
The child is 4 months away from 18. 3-4-10 She feels like no one except me has her best interest in mind. Her mother and father both have been in and out of relationship after relationship and both have moved place to place and have both been selfish and all about them. I thank you again for all your fast responses! Have a great night!
Expert:  Dimitry K., Esq. replied 4 years ago.
I am sorry to hear that the child is put into such an ordeal. Since she is 17, her opinion will be taken seriously by the courts, although they will still rule in what they perceive to be the best interest of the child.

Good luck to you.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 4 years ago.
Thank you! I am sure what you answered for me will help a lot!
Expert:  Dimitry K., Esq. replied 4 years ago.
You are most welcome!

Good luck to you!

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