Raising Grandkids: Legal Options for Oregon Grandparents
If you're a grandparent raising your grandchild in Oregon, you are not alone. Many grandparents step into this role because of a parent’s illness, addiction, incarceration, or even death. It can be overwhelming to take on parenting again, especially when trying to navigate legal steps.
The good news is that Oregon gives grandparents several legal options. Some are simple and free. Others require going to court and paying fees. This guide will help you understand those options so you can choose what works best for your family.
Option 1: Relative Caregiver Affidavit (easy and free)
This form allows you to make decisions for your grandchild when you cannot reach their parents. With it, you can:
- Enroll your grandchild in school.
- Take them to the doctor.
- Handle other important matters.
Key facts:
- It lasts up to one year.
- You can use it only if your grandchild lives with you and you cannot reach the parents, despite trying.
Steps:
- Try to contact the parents.
- If you cannot reach them, download and complete the Relative Caregiver Affidavit.
- Sign the form.
- Make copies for yourself, the school, and the doctors.
- If the parents are still unavailable after six months, consider long-term options like guardianship.
Option 2: Delegation of Parental Powers (easy and free)
This form, like the Relative Caregiver Affidavit, lets you make school and medical decisions.
Key facts:
- It lasts six months, but parents can renew it as needed.
- Parents can cancel this form at any time.
Use this if:
- Your grandchild lives with you.
- The parents agree to let you care for their child.
- The parents are willing to sign paperwork.
Steps:
- Ask the parents if they will sign the form.
- If they agree, download and complete the Delegation of Parental Powers form.
- You and the parents both sign it.
- Make copies for yourself, the school, and the doctors.
- If you end up caring for your child for more than one year, look into long-term options, like guardianship.
Option 3: Legal guardianship (more complicated, some cost)
Guardianship gives you long-term authority to decide where your grandchild lives, goes to school, and gets medical care. It also makes it easier to apply for government assistance programs on their behalf.
Key facts:
- Filing a guardianship court case costs about $124.
- You can usually complete this process without a lawyer. Courts provide free forms, and many counties have family law facilitators who can help.
- Parents aren’t part of the court case, but you must notify them when you start the case.
- Parents can fight the case if they don't agree with you becoming their child’s legal guardian.
- Once you become the legal guardian, it’s not easy for the parents to change this decision.
Read our full article on becoming a legal guardian here.
Option 4: Legal custody (complicated and expensive)
Custody is another long-term option. Like guardianship, it gives you the right to make major decisions for your grandchild.
Key facts:
- You must go to court and prove you are the best person to care for your grandchild.
- Filing the custody case costs $281.
- The process is complex, and you will need a lawyer. Free legal help is not available through the courts.
- Parents are part of the court case. They must be served with court papers and have the right to attend all court hearings.
- Parents can later ask the court to change custody.
Option 5: Adoption (very complicated and expensive)
Adoption makes you your grandchild’s legal parent. The biological parents lose all rights.
Key facts:
- It is permanent and rarely reversed.
- Filing costs about $260.
- You must go through a court process and hire an attorney specializing in adoption. Fees are usually thousands of dollars.
How to decide which option is right for you
- If you need something quick and temporary: Try a Relative Caregiver Affidavit or a Delegation of Parental Powers form. These provide you with short-term authority without involving the courts.
- If you need a longer-term plan but have limited money: Consider guardianship. This court process is usually simpler and often does not require hiring an attorney, which saves costs. Parents keep their rights, but you can make important decisions for your grandchild.
- If you want a more detailed, long-term plan: Custody may be a good fit. This process almost always requires an attorney and can be more expensive. But you’ll get a court order that clearly states where your grandchild lives, the parents’ visitation schedule, your decision-making power, and any child support.
- If you want a permanent legal change: Adoption may be the right choice. Adoption ends the parents’ legal rights and makes you the child’s legal parent. This option will require help from an attorney and is likely the most expensive option.
Where to get help
Whether you’re weighing options or looking for support, there are places that can help:
- Oregon Kinship Navigator: Statewide support for relative caregivers with peer groups, legal resources, and connections to services such as groceries or furniture.
- Family law facilitators: Free family law help through your local court.
- Oregon's Lawyer Referral Service: Get a referral to a lawyer who can help you understand your legal options and take action.
Frequently Asked Questions
In this heartbreaking situation, take things one step at a time. At first, you may need to make decisions such as enrolling your grandchild in school, getting medical care, or handling money matters. The Relative Caregiver Affidavit can give you temporary permission for up to one year.
For the long term, you will need to decide who will raise the child. Guardianship is often a good option because it allows a trusted adult to step into the parental role. It also doesn’t cost a lot of money (if you do it yourself and don’t hire a lawyer). Learn more about becoming a legal guardian here.
If you have not gone to court for guardianship or custody, the parents can take their child back at any time. You should not keep your grandchild away from their parents, even if you think the situation is unsafe.
If you are worried about their safety, you can make a confidential report to Oregon's child abuse hotline. You can also go to court and start a guardianship case—then the court will decide what's best for your grandchild.
It depends on your goals, your budget, and how permanent you want the arrangement to be.
- Low cost: If cost is your main concern, guardianship is usually the best option. You can often complete the court process without a lawyer, which saves money. Guardianship gives you legal authority to care for your grandchild while leaving the parents’ rights in place.
- A clear plan: If you want a clear plan about decision-making, parental visitation, and financial support, custody may be the right choice. Custody cases usually require a lawyer, so costs are higher. But, in the end, you'll get a detailed plan outlining each person’s rights.
- A permanent solution: Adoption is the most permanent option. It transfers the parents’ legal rights to you. Unlike guardianship or custody, adoption is very difficult to reverse. This option usually requires an attorney and can be costly, but it is the most permanent.