Someone Wants to Become My Child's Guardian
If you're a parent and someone wants to become your child's legal guardian, this page is for you. We'll help you understand alternatives to guardianship and your rights in this situation.
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.
What is child guardianship?
Child guardianship refers to a court process in which a judge approves or chooses someone other than the child's parents to become the child's legal caretaker. The court can only appoint a guardian when:
- The child's parents cannot care for the child themselves
- The child's parents agree to let someone else become the child's legal guardian
Learn more about child guardianship here.
Alternatives to legal guardianship
If you can't take care of your child, you have alternatives to guardianship:
- Delegation of Parental Powers: You can use a Delegation of Parental Powers form to give someone temporary permission to care for and make important decisions for your child. The form requires the signature of at least one legal parent and the caregiver.
- Legal custody: A stepparent, grandparent, or foster parent can also ask the court for legal custody of your minor child. Legal custody is similar to guardianship. A legal custodian has most of the same rights as a legal guardian. Legal custody agreements can be modified in the future.
- Adoption: If you want to give up your rights as a parent, you can let someone else adopt your child. Adoption is pretty permanent and can't be easily undone.
Talk to a lawyer for help understanding the right option for you. You can find a lawyer by calling Oregon's Lawyer Referral Service.
Should I agree to let someone become my child's legal guardian?
This is a personal decision. However, if you agree to let someone become your child’s legal guardian, it is not easy to reverse this decision. You can lose the ability to parent your child again in the future.
If guardianship feels too permanent, consider using a Delegation of Parental Powers form instead. This form allows someone else to care for your child for up to six months. You can sign a new delegation of parental powers form after six months if you still need help caring for your child.
What rights do legal guardians have?
A court-appointed legal guardian has most of the same rights as a legal parent. For example, the guardian can:
- Give the child permission to get married or be adopted
- Handle the child’s basic finances
- Take care of the child’s daily needs and medical care
- Decide what school the child attends
Who can be a guardian?
Any responsible adult who is willing and able to care for the child.
What if I am given court papers that say someone is trying to become my child’s guardian?
Read the papers carefully. You must tell the court if you disagree with the following:
- Your child being appointed a legal guardian
- The person named in the court papers to be your child’s legal guardian
Some courts have forms that you can use to say that you disagree with the guardianship. If you can’t find court forms, talk to the court staff at your local circuit court and ask them how to tell the court you disagree.
If you still can’t find forms, you can try using forms from another county in Oregon. You can find these forms online on Google or another search site. Try using this search terms, “Oregon Courts guardianship objection forms.”
The most important thing is to turn something into the court that tells the court you disagree!
Act quickly! The court papers will tell you the deadline to disagree. You usually only have a few weeks. If you miss the deadline for a very good reason, talk to a lawyer. You may have options.
More FAQs
Yes. The court will schedule a hearing if either parent disagrees with your child having a legal guardian. A hearing is a court date where you, the potential guardian, and the other parent get to talk to a judge and show evidence. The hearing can be in person at the courthouse or by phone or video.
At the hearing, you can testify and tell the judge:
- Why you don’t think your child needs a guardian; or
- If you have concerns about the person trying to become the guardian.
You can also bring witnesses and other evidence to court to give the judge more information about why your child doesn’t need a guardian or your concerns about the person trying to become the guardian.
No. At the court hearing, the judge must assume that you're doing what’s best for your child. The person trying to become your child’s guardian must convince a judge that you are not acting in your child’s best interests.
Talk to a lawyer. You may be able to undo the legal guardianship if the legal guardian did not properly notify you that they started a guardianship court case involving your child.