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KJL LAW, Lawyer
Category: Family Law
Satisfied Customers: 1450
Experience:  Attorney at law Office of KJLLAW
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Can I file guardianship as a grandparent if DHS is involved

Customer Question

Can I file for temporary guardianship as a grandparent if DHS is involved and my grandson is a ward of the court? He has lived with us for most of his life. He is 3 1/2.
Submitted: 1 year ago.
Category: Family Law
Expert:  KJL LAW replied 1 year ago.
Good morning. What state are you located in and how did he become a ward of the court?
Customer: replied 1 year ago.
Expert:  KJL LAW replied 1 year ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

I’m assuming the dependency hearing and all other proceeding with the parent has been heard. Under Oregon law to get temporary guardianship from the court you must be able to show that you had a “parent-child” relationship with the child for a period at least part of which occurred within the 6 months before you file your petition for the guardianship. The law defines a “parent-child” relationship as “You have or had physical custody of the child (that is, the child lived with you without the parents) or you lived in the, which you did. You provide for the necessities of life for the child—food, clothing, care, education, religious training, etc. (You can do this by providing these things physically, or by providing money that would allow someone else to do this physically), which you also did. You have day-to-day interaction with the child, you did, and you fulfilled the child’s physical and psychological needs for a parent.

Keep in mind that you also must persuade the judge that, based on the evidence, it is more likely than not that the it is in the child’s best interest for the child to have you—rather than someone else, such as the other parent or a different relative—as his or her primary caretaker. That will not be a problem based upon your care and current temporary custody from the court.

Your next step would be to go file a petition to be appointed guardian with the Circuit Court in the County in which you preside. The court has forms available to you to complete and file.

I hope this helps with your question.