Caring for a Relative's Child

• Legal parent: A person who the government recognizes as a legal parent. You don’t have to go through a court case to be a legal parent! Many parents are automatically the legal parents to their children:
  • Married parents: You’re automatically a legal parent to any children born to your or your spouse during your marriage or within 300 days after you get divorced, even if the child isn’t biologically yours. 
  • Unmarried mothers: You’re automatically a legal parent to any child you give birth to (unless you’re a surrogate).
  • Unmarried fathers: You’re a legal parent if your name is on your child’s birth certificate, you sign an official form saying you are the father, or if you have a court or agency order that says you’re the legal father.
• Caregiver: On this page, the word caregiver describes anyone who is not a child's legal parent but who helps a parent care for their child. A caregiver could be a childcare provider, stepparent, grandparent, other relative, friend, or roommate.
• Legal guardian: An adult chosen by the court to care for a child when the child’s legal parents aren’t available. A guardian can make most parenting decisions for a child, including medical and educational decisions. A guardianship case can be started by an individual person, like a grandparent or other relative, or by the Department of Human Services (DHS).
• Court order: A written document, signed by a judge, that creates rules, responsibilities, and requirements for the people involved in a court case.

• If you know where the child’s parents are: Have the parents sign a Delegation of Parental Powers form. This form gives you permission to make medical and educational decisions for someone else’s child.   
• If you can’t find the child’s parents: You can sign a Relative Caregiver Affidavit. This form allows you to make medical and educational decisions for a relative's child when you can’t find the parents to get their written permission.

You can use the Relative Caregiver Affidavit to make decisions for a relative’s child if:  

1. You have not been able to find the child’s parents to get their written permission to make decisions for their child; 
2. You are 18 or older;
3. You are not the child’s legal parent or guardian;
4. You are related to the child by blood or marriage;
5. The child is living with you full-time; and
6. You are responsible for the child’s care.

You must try hard to find the legal parents or guardian before using a Relative Caregiver Affidavit. This form can only be used if you cannot find the child’s legal parents or guardian. If you find the parents and get their permission, use the Delegation of Parental Powers form instead. 

You can use the Delegation of Parental Powers form to make decisions for a relative’s child if: 

1. You have the parent’s permission to care for their child;
2. You are 18 or older;
3. You are not the child’s legal parent or guardian; and
4. You are helping care for the child.

1. Keep a copy for your records; 
2. Give a copy to the child’s school; 
3. Give a copy to the child’s doctor, dentist, and other medical providers; and 
4. Give a copy to others who need to see you have a legal right to care for the child.

You can use the form for one year.  

• If the parent or legal guardian shows up early: They can overrule your decisions and take their child. This form does not give you the right to keep a child from their parents.  
• If you and the child stop living together: You must notify the school, doctors, and other providers right away. 
• If it has been more than one year: You should get legal help to understand your options for caring for a child long-term.

In most cases, it lasts for six months. Except:  

• If a parent is in active military duty, it lasts for the parent's entire active duty, plus 30 days after their active duty ends. 
• If you are still caring for a child after six months, you can have the child’s legal parents sign a new Delegation of Parental Powers. You can continue to have a parent sign a new form as long as you are caring for their child. 

No.

Unless you have a court order that says the child should live with you, you must give the child back. 

If the child’s other parent wants to take their child, you must give the child to that parent, unless:   

• The other parent is not the child’s legal parent (see definitions section on the top of this page); 
• You have a court order that says the child should live with you;  
• There is a court order that says the other parent can’t see the child; or  
• There is a court-ordered visitation schedule, and it's not the other parent’s time to see the child. 

You have several legal options. These options include:   

• Continuing to use the Delegation of Parental Powers;
• Becoming a legal guardian;  
• Getting legal custody; or 
• Legally adopting the child.  

There are different risks, benefits, and costs for each option. You should talk to a lawyer to get advice about the option that is right for your family. You can find legal help using the Referral Directory. 

Visit this page for more information on child guardianship in Oregon.