Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I am seeking to get temporary guardianship of my nephew, as…

Customer Question
I am seeking to...

I am seeking to get temporary guardianship of my nephew, as is my mother the child's grandmother. (Basically third party custody). I need guardianship for the time being so that I can enroll my nephew in school and take care of routine medical care. Currently his guardians are in the state of Colorado, and Oregon DHS/CPS has informed me that that is here jurisdiction is. There is more to the story but i can get into that as needed.

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

He is physically in Oregon, here I am trying to enroll him in school.

Lawyer's Assistant: Has anything been filed or reported?

An Oregon CPS investigation into his parent ad guardians in Colorado is ongoing but no paperwork for guardianship has been filed on our part.

Submitted: 7 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 8 minutes by:
12/19/2017
Family Lawyer: DamienJD, Attorney replied 7 months ago
DamienJD
DamienJD, Attorney
Category: Family Law
Satisfied Customers: 5,408
Experience: Attorney. Well versed, understanding, friendly
Verified

Hello: My name is ***** ***** I am an attorney.

It sounds like Oregon is telling you that you have to file papers in Colorado to become the temporary guardian. Correct? And if that is so, have you looked into doing it even though you are in Oregon? Lastly, are you saying that your Mother and the child's Grandmother would oppose it?

Ask Your Own Family Law Question
Customer reply replied 7 months ago
You are correct about filing in Colorado. The child's mother no longer has parental rights (thy were severed by the state of Kansas a couple of years ago). I am not sure about the status of his father's (my brother's) rights, but he does not have current guardianship. Current guardianship is with the father's parent-in-laws. The father and thus presumably the in-laws do not want us to have custody of the child. My mother is seeking custody of her grandchild with me as we reside in the same household.
Customer reply replied 7 months ago
I am not sure how to even start filing papers. Do I have to get a lawyer in Colorado or can I do it myself?
Family Lawyer: DamienJD, Attorney replied 7 months ago

It would be most difficult for you to do it by yourself, especially, if you are out of state. The lawyer could handle the drafting of the paperwork for you and the filing and service of it, and appearing in court for you also.

Ask Your Own Family Law Question
Customer reply replied 7 months ago
How do I go about establishing contact without being there in person? Will someone maintain contact with me over the phone? How do I find a good lawyer for this particular case? Are there lawyers that specialize in third party custody?
Family Lawyer: DamienJD, Attorney replied 7 months ago

Yes. An attorney will feel comfortable handling a case over the phone when someone is out of state. There are family law lawyers that handle custody matters and temporary guardianships by third parties. The local bar association where the court is will have a lawyer referral service number that you can call to request lawyer names. If you know what county it is in Colorado, I can see if I can find a number for you to call.

If you want to discuss this further just let me know.

Ask Your Own Family Law Question
Family Lawyer: DamienJD, Attorney replied 7 months ago

Hello again:

Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars at no extra charge so I can get paid for the service I provided to you. Best regards.

Ask Your Own Family Law Question
Family Lawyer: DamienJD, Attorney replied 7 months ago

Hello again: I am checking to see if you got all that you wanted from Just Answer on this question. Have I answered all of your questions?

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask DamienJD Your Own Question
DamienJD
DamienJD
DamienJD, Attorney
Category: Family Law
Satisfied Customers: 5,408
5,408 Satisfied Customers
Experience: Attorney. Well versed, understanding, friendly

DamienJD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I have a nephew who will turn 18 this October. His mother is
I have a nephew who will turn 18 this October. His mother is unstable and has pending court actions for DUI, etc. Nephew is currently living with aunt and would like to enroll in school in her school … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
I have Power of Attorney for a five year old. I'm trying to
I have Power of Attorney for a five year old. I'm trying to enroll him in school because he lives with me. The school won't let me enroll him.(Texas) … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My sister-in-law has a -standing history of mental
My sister-in-law has a long-standing history of mental instability ranging from schizoaffective disorder to borderline personality disorder and bipolar disorder that has been adequately manage for som… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,993 satisfied customers
We have been caring for a child for the last 9 months that
We have been caring for a child for the last 9 months that is not ours and not related by blood. The mother signed and had notarized a temporary guardianship form giving us temporary guardianship of t… read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
My brother recently had a stroke. His wife will soon be
My brother recently had a stroke. His wife will soon be incarcerated for blowing up a meth lab. I currently have their 10 year old son. I need temporary custody in order to put him in school and for d… read more
mmdesq
mmdesq
Attorney
Doctoral Degree
518 satisfied customers
Can I file guardianship as a grandparent if DHS is involved
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.… read more
KLAW
KLAW
Juris Doctorate
2,381 satisfied customers
My sister was jailed on Monday /cocaine, child neglect
Hi my sister was jailed on Monday for crack/cocaine, child neglect (neglect charges on the youngest) and resisting arrest. We were called to pick up her youngest child, the father was also jailed. My … read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
I adopted a sibling group of four children from the foster
I adopted a sibling group of four children from the foster care system in 2012 after fostering them for four years. The kids are looking to move in with their biological aunt for the upcoming school y… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My son and girlfriend are facing CPS stepping in because their
My son and girlfriend are facing CPS stepping in because their newborn was born with an suboxin dependency and is currently receiving morphine to help her withdrawal. They want to be proactive so thei… read more
TexLawyer
TexLawyer
Lawyer
Doctoral Degree
24 satisfied customers
My husband & I have offered to be legal guardians to my 16
My husband & I have offered to be legal guardians to my 16 yr old nephew currently living in Pendleton, OR (Umatilla Co.) with his biological father (my brother) & his step mother. His step mother is … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,337 satisfied customers
i am from GA. A young girl (12) who is the bio sister of my
i am from GA. A young girl (12) who is the bio sister of my daughter's friend is under temporary guardianship. Her bio mom died three years ago and her legal guardian has left the country and placed t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
trying to find form to relinquish temporary custody of my nephew
trying to find form to relinquish temporary custody of my nephew to his grandmother in florida, courthouse won't give this information.… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
Background: we are granparents. our grandchildren were removed
Background: we are granparents. our grandchildren were removed from their parents care. we had temporary custody until cps removed them from our home when we went out of town (miscommunication). we ha… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
My nephew will be living with us this year and going to school
My nephew will be living with us this year and going to school here. I will not have custody of him, so what do we need to fill out in order for me to be able to enroll him in school and make medical … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
How do I obtain temporary custody of my nephew His Mom went
How do I obtain temporary custody of my nephew? His Mom went out of state to work. She has agreed to do this, but I need it done as soon as possible so that I can enroll him into school for the summer… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
My sister and 14-year-old nephew live in California. My husband and I live in Florida. M
My sister and 14-year-old nephew live in California. My husband and I live in Florida. My sister wants my nephew to come live with us, and she has signed and notarized legal paperwork entitled "Guardi… read more
Help4Health
Help4Health
Attorney and Counselor at Law
Doctor of Jurisprudence
31 satisfied customers
If I sign custody or guardianship of my son over to a responsible
If I sign custody or guardianship of my son over to a responsible adult in another state, will the Child Protective Services in Oregon be able to take him?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
Is it possible to get temporary guardianship of a younger sibling?
Is it possible to get temporary guardianship of a younger sibling? My dad is currently deployed to Afghanistan and my mom is taking care of my 7 siblings at home. My 11 year old brother is getting int… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x