Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am very sorry for your family's situation.
What happens is that the Children & Teens Child Protective Services of Oregon (i.e. CPS) has a right to stand for custody in front of the Court if they can show the Judge that there is good reason to grand custody to CPS instead of the parents.
If this happens, CPS will then generally place the children with a foster family/home, going off the following preferences:
1) Close family such as grandparents, aunts, etc, provided they qualify under CPS requirements;
2) Further family;
3) Foster family; or
4) Foster group care.
Now, at first this is temporary until the parents can "prove" they are able at parenting. If CPS is not satisfied, they can move the Court for permanent custody.
In other words, CPS now has custody and the children are wards of the state (at least temporarily), and the state extends guardianship
to a foster unit to care for the children, at its discretion
.Can my daughters have a say in who the kids go with?
While she can always make a request, CPS or the Court is not bound to honor it, I am afraid. By default, they consider close family but not always. In short, grandparents cannot "demand" to be given guardianship while this matter is ongoing, I am afraid.
However, there may be a way for grandparents to request custody
as a third party. Oregon may
allow the grandparent to wrestle custody from CPS if they can show that they have close ties to the grandchildren and it is in the best interest of the grandchildren. Oregon courts have allowed this before, but sparingly (i.e. when THIRD PARTIES ask for custody):
Or. Rev. Stat. 109.119(2) (Supp. 1994) (stepparent in dissolution action may petition for custody or visitation); Or. Rev. Stat. 109.119(2) (Supp. 1994) (specifically recognizing stepparent visitation on divorce). In re Sorensen, 138 Or. App. 80, 906 P.2d 838 (1995) (child’s stepmother could intervene in custody proceeding between child’s parents); In re Shofner, 137 Or. App. 54, 905 P.2d 268 (1995) (court had authority to award stepfather visitation with wife’s child).
For this, an attorney is recommended. May I recommend the Oregon Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
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