Guardianship, Custody, and Adoption: Long-Term Legal Options for People Raising Another Person’s Child
If you’re raising someone else's child, this article will help you understand your options for getting long-term legal rights.
If you want to learn about temporary options, start here instead. Or, if you're a grandparent raising grandkids, check out this guide created just for you.
Why get legal rights?
Legal rights let you act as a parent. You can make important decisions for the child, and if the parents disagree, you get the final say.
With legal rights, you can:
- Make day-to-day decisions for the child you care for.
- Decide when the parents see the child.
- Choose which school the child attends and get updates from the school about their progress.
- Arrange medical care for the child and get information from their doctors about their health.
- Ask the parents to pay child support.
- Apply for government programs, such as the Oregon Health Plan or SNAP food stamps, for the child.
Understanding long-term options
In Oregon, there are three main ways to get long-term legal rights:
- Guardianship
- Third-party custody
- Adoption
Guardianship and third-party custody are similar. Both give you the right to make legal decisions for a child, but the parents can still be involved. They may still visit their child and might have to pay child support.
Adoption ends the parents’ legal relationship with their child and makes you the child’s new legal parent.
Differences between guardianship, custody, and adoption
Child guardianship
Guardianship is often used when parents have left their child in someone else’s care and are not interested in parenting.
A guardianship gives you legal authority to care for the child. You can:
- Get medical care for the child.
- Enroll them in school.
- Apply for programs or government benefits.
- Get information about the child from their doctor, school, or other places.
Guardianship is usually the least expensive option because you can handle the court process without a lawyer.
After you become a guardian, the court will keep monitoring your case. You’ll need to submit yearly reports about how the child is doing.
Learn more about child guardianship cases here.
Third-party custody
Third-party custody is often used when a non-parent has been caring for a child, but then the parents return and take the child away.
The caregiver can ask the court to step in and decide what’s best for the child. The court can give custody to a non-parent if the parents are not acting in the child’s best interest.
Third-party custody cases are hard to win. Parents usually decide what’s best for their child unless there is clear evidence of neglect or abuse.
Third-party custody cases are also expensive because you need a lawyer to help with the legal process. This can cost thousands of dollars.
Adoption
Adoption makes you the child’s legal parent permanently. It ends the parents’ legal relationship with the child, their right to make decisions, and their responsibility to pay child support.
Adoption cases are expensive because you need a lawyer who specializes in adoptions. Legal fees can cost thousands of dollars.
Learn more about adoption here.
Which option should I choose?
The best option depends on your situation:
- Budget: Can you afford a lawyer? If not, guardianship may be your only option. It costs less because there are free court forms and the process is simpler, so you can do it without a lawyer.
- Parental involvement: Do you want the parents to stay involved, pay child support, or have regular visits? Custody or guardianship usually allow birth parents to stay more involved.
- Permanence: Do you want a plan that can change in the future? Adoption is very hard to reverse. Guardianship and custody can usually be changed if needed.
- Parents' consent: Do the parents agree with you raising their child, or are they against it? If they do not agree, your options are more limited and the process is more complicated.
How long does it take to get legal rights?
No matter which option you choose—guardianship, custody, or adoption—you must go to court.
- If the parents agree, the process may take only a few months. You’ll need to file forms, have the parents sign them, and wait for a judge’s approval.
- If the parents do not agree, the process will take much longer—possibly a year or more. You may need lawyers and a trial with a judge.
Do I need a lawyer?
- If you file for guardianship, you can usually handle the court process yourself. The court has free forms, and you can get free help from a family court facilitator.
- If you file for custody or adoption, you will need a lawyer. These cases are complicated, and it is very hard to handle them without legal help.
Next steps: talk to a lawyer
Before you decide between guardianship, custody, or adoption, talk to a lawyer. They can help you clarify your goals and recommend the best option.
Many lawyers offer free or low-cost consultations. You can meet with a lawyer without hiring them for your whole case.
For tips on finding a lawyer, see our guide to hiring a lawyer in Oregon.
Further reading
- BarBooks: Oregon publishes legal guides for attorneys called BarBooks. You can find more about third-party custody, guardianship, and adoption in the Family Law in Oregon book. Oregon State Bar members can log in to their OSB member page to access these books, or anyone can use them for free at a law library.
- Oregon Revised Statutes (ORS): These are the primary body of laws in Oregon. ORS 109.119 talks about third-party custody. ORS 125.300-325 discusses guardianships, including those for minors. ORS 109.250 -410 covers Oregon’s adoption laws.
Additional FAQs
If you do not have legal rights to the child, this is allowed. Parents decide who can see their child until a court changes those rights.
Try talking to the parents first. It’s usually best to work out conflicts before going to court or involving lawyers. See if they will agree to a regular schedule for you to see the child.
If the parents refuse, talk to a lawyer to learn about your options. Be sure to ask about:
- The likelihood of being successful.
- The cost of each option.
If the parents cut off contact and do not want you involved, you can still try to get legal rights, but the process will be difficult.
There is no simple answer. The right choice depends on your goals and your budget.
Start by talking to a lawyer to learn about your options and costs.
If you get legal rights, you might be able to get child support. It depends on whether you choose guardianship, custody, or adoption.
- Guardianship: It’s tricky to ask for child support during a guardianship case. But if you become the child's legal guardian, you can ask the Oregon Child Support Program to help you get support from the parents.
- Custody: During a custody case, the court will make a decision on child support. They will usually require both parents to pay, unless there is a very good reason not to.
- Adoption: You can’t get child support if you legally adopt a child. Adoption ends the parents' rights as well as their responsibility to pay child support.
Sometimes. It depends on whether you choose guardianship, custody, or adoption.
- Guardianship: Usually, guardianship cases give you full rights to the child and don’t include a visitation schedule for the parents. So, unless your court papers say otherwise, it’s up to you to decide when the parents get to see their child.
- Custody: Your court papers will say when the parents can see their child. You must follow what’s in the court papers. If the parents want to see their child outside of the visitation schedule, then it’s up to you to decide if they can.
- Adoption: An adoption ends the parents’ legal rights. So, it’s completely up to you if you want to let the parents see their child or not.