Becoming a Legal Guardian

If you want to become the legal guardian of a child, you must go through a court case. The court case starts when someone (could be you or another person) turns in legal papers at the court asking the court to appoint you as the guardian.

How to file a child guardianship case

A child guardianship case starts with someone filing a legal petition with a court asking the court to appoint a guardian for a child. The person who starts the case must also give the child's parents a copy of the court papers and notify them about the case. 

Tip: If you want to file a child guardianship case, contact your local circuit court to see if they have free court forms you can use. Some counties in Oregon have free forms, but not all do. If your county doesn't have free forms, contact a lawyer for help with the paperwork. You can find a lawyer by calling Oregon's Lawyer Referral Service.

Which county should a guardianship case be filed in?

You must start a guardianship case in the county where the child lives.

If I start a guardianship case, do I have to tell anyone?

Yes. You must officially serve these people with copies of your court paperwork:   

1. Both parents of the child  
2. The child (if the child is 14 or older)  

You must also mail a copy of your court paperwork to:  

1. Anyone who takes care of the child
2. Other close relatives if the parents are deceased 
3. Oregon Health Authority (if the child is on the Oregon Health Plan)
4. Oregon Department of Human Services (if the child received government assistance such as food stamps)

Can the parents or the child disagree with a guardianship?

Yes. The child (if they’re 14 or older) and the child’s parents have the right to tell the court they disagree with the guardianship papers.

If the parents or child disagrees with you becoming the guardian, the court will schedule a court hearing. At the hearing, you and the parents get to talk to a judge and show evidence. The hearing can be in person at the courthouse or by phone or video.

It is unusual for a judge to appoint a guardian if the child’s parents object to the guardianship. The judge must assume the child’s parents are doing what’s best for them. During the court hearing, you must convince the judge the parents aren’t acting in their child’s best interests. You can do this by testifying about what has been going on. You can also have witnesses testify and present other evidence, such as text messages, videos, or photos.

Alternatives to legal guardianship

Before starting a guardianship case, it's important to understand you have other options, including:

• Signing a Delegation of Parental Powers: A parent can use a Delegation of Parental Powers form to give a caregiver temporary permission to care for their child and make important decisions. The form requires the signature of at least one legal parent and the caregiver.  
• Signing a Relative Caregiver Affidavit: If you are caring for a child and can’t find their parents, you can use the Relative Caregiver Affidavit form for one year to make decisions for the child. 
• Filing for legal custody: If you're a stepparent, grandparent, or foster parent, you can also ask the court for legal custody of a minor child.    
• Adopting the child: You may also be able to adopt the child. Adoption is the legal process of replacing a child’s legal parent with a new legal parent.  

Talk to a lawyer for help understanding the right option for you. You can find a lawyer by calling Oregon's Lawyer Referral Service. 

Other Frequently Asked Questions