How to Become the Legal Guardian of a Child in Oregon
If you want to become the legal guardian of someone else's child, you must go through a court case. This article explains the basic steps and where to find court forms.
What is a legal guardian?
A legal guardian is someone appointed by a court to make important decisions for another person, called the protected person. In Oregon, the court can appoint a legal guardian for a child when the parents are unable or unwilling to care for the child.
Learn more about guardianship for children.
Alternatives to legal guardianship
If you're thinking about becoming a child's guardian, it's important to know Oregon has easier options that don't involve going to court. You can:
- Ask the child’s parents to sign a Delegation of Parental Powers form.
- Sign a Relative Caregiver Affidavit form if you're related to the child and can't find the parents.
Not sure which option fits your situation? Learn more about options that don't involve court.
How do I file for guardianship?
Oregon's courts offer a free, statewide Minor Guardianship forms packet that includes the forms and instructions you'll need to start a guardianship case in Oregon.
The basic steps include:
- Completing court forms: The forms ask about you, the child, and why the child needs a guardian.
- Filing the forms: Turn in the completed forms, called filing, at the circuit court in the county where the child lives. You'll need to pay a $124 filing fee. If you can't afford it, you can ask the court to waive or defer the fee.
- Giving notice: After you file, you must officially tell the child's parents and certain other people about the case. This is called service.
- Providing proof of notice to the court: Whoever delivers or mails the notice must fill out a form proving it was done, then file this form with the court.
- Waiting to see if anyone objects: People who received notice have 21 days to respond (or 24 days if served by mail).
What happens after I file a guardianship case?
It depends on whether the parents or someone else who got notice of the case objects.
- If no one objects: You must file additional paperwork, called a judgment, to finalize the guardianship. Once a judge signs this form, the court will issue letters of guardianship, which the guardian can use as proof of their legal relationship to the child.
- If someone objects: The court will schedule a hearing and appoint an attorney for the child. A hearing is a formal court meeting where the judge listens to the people involved and reviews information about the child and the proposed guardian. The judge will then decide whether to appoint the person named in the court papers. Learn more about court hearings.
Need more help?
Contact a family law facilitator for free help starting a guardianship case. Facilitators work for the courts and can answer questions about court forms and help you understand your next steps.
Frequently Asked Questions
No, it’s not required that you hire a lawyer. You can use Oregon’s free Minor Guardianship court forms and get free help from court facilitators if you want to navigate this process on your own.
If any of the situations below apply, talk to a lawyer. You may still be able to become the child’s legal guardian, but the process may be more complicated:
- The child’s parents want to raise the child and do not agree with the guardianship.
- The child lived in another state during the past six months.
- The child has been involved in another court case, such as a custody, divorce, restraining order, or guardianship case.
- The Department of Human Services (DHS) Child Welfare Division is involved with the child or family.
A guardian ad litem (GAL) helps a child during a specific court case, such as a divorce or lawsuit. The GAL can make decisions for the child related to the court case. For example, the GAL may work with the child’s lawyer on legal strategy or agree to settle the case. The GAL’s role ends when the case ends.
A legal guardian has broader, longer-term responsibilities that continue until the child turns 18, or the parents regain custody through the court.
A legal guardian must:
- Take care of the child and meet their needs.
- Make decisions for the child related to money, education, health, and other important issues.
- File an annual report with the court.
- Update the court and other people involved in the case if there are major changes with the child (like school changes, significant health issues, changes in the child’s living situation, etc).
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. The judge must assume the child's parents are doing what's best for them.
During the hearing, you must convince the judge the parents aren't acting in the 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.
You should talk to a lawyer before starting a guardianship case or taking any legal action. This is a complicated situation.
If the Oregon Department of Human Services Child Welfare ("child welfare”) program is involved and is the child’s legal guardian, child welfare gets to make decisions for the child until they close their case.
If you want to become a legal guardian for a child in Oregon’s child welfare system, talk to their caseworker. Let them know if you're interested in caring for the child. Caseworkers will consider all the options and give preference to responsible relatives.
The Indian Child Welfare Act (ICWA) applies if a child is a member of a Native American tribe or qualifies to be a member. This law may make it more complicated to get guardianship of a Native American child.
Talk to a lawyer familiar with ICWA before taking legal action. For help finding a lawyer, check out our guide to hiring a lawyer in Oregon.