Child Guardianship
Child Guardianship is a court process where a child gets appointed a new legal caretaker. A child guardianship case usually occurs when:
- The child's parents are not adequately caring for the child
- The child's parents agree to let someone else care for their child
Caution: The information in these pages is about private child guardianship in Oregon. A private guardianship case is one that is started by a person, such as a grandparent or other relative. The information in these pages is not about guardianship through a Department of Human Services Child Welfare case or adult guardianship cases.
Alternatives to guardianship
When parents can't care for their children, guardianship isn't the only option. There are easier options that don't involve going to court. Consider one of these alternatives to guardianship:
- Sign a "Relative Caregiver Affidavit." If you care for a relative's child and don't know where the child's parents are, this form allows you to make legal decisions for the child while the parents are gone or missing. Learn more about "Relative Caregiver Affidavits" here.
- Sign a "Delegation of Parental Powers" with the child's parents. Parents who want someone else to care for their children can sign a "Delegation of Parental Powers" form with the caretaker. This form allows a non-parent to make important decisions for a child while the child lives with them. You can find the Delegation of Parental Powers form here or read more about options for parents who can't care for their children on this page.
Why might a child need a legal guardian?
A child may need a legal guardian if their parents cannot care for them.
Who can be a guardian?
Any responsible adult may become a child’s guardian. The adult must be willing and able to care for the child.
What rights do legal guardians have?
A court-appointed legal guardian has many of the same rights as a legal parent. For example, the guardian can:
- Take care of the child’s daily needs and medical care
- Decide what school the child attends
- Give the child permission to get married or be adopted
- Handle the child’s basic finances