Guardianship Was Given 2 Grandparents Who Do I File Against

[maggie_may]

My question involves a child custody case from the State of: Oregon

my daughter just turned 13, her father is currently sitting in jail waiting to be sentenced, and will be doing a minimum of 5 years. For the last 5 years I have not been allowed to see my daughter, and until just recently didn't know where she was. I was granted joint custody but like I said for the past 5 years I haven't been allowed to see her. I finally have enough money to pay for an attorney and currently looking for one. I was just wondering since he is going to prison I'm sure they have all ready filed papers for his parents to be her guardian, our given them custody of her. not sure legally what he can do as far as that goes, but assuming he has done something like that that and given that he is in jail who would I be taking to court his parents or would I still take him to court. I know his parents will not honor the parenting plane that was granted by the courts and I know they will higher a high power attorney to fight me on this. Again I was just wondering who I will have to deal with assuming they have some sort of legal something that he has granted to them while he is in prison
thank. you so much for taking the time to read this and I greatly appreciate any and all information and or insight thank you and God Bless

[adjusterjack]

Why don't you just go get her?

[maggie_may]

I tried that. ok so I didn't try taking her I tried to get them to let me see her when I found out her dad was in jail and they called the police, and the police told me I had to go to court and get an order signed by a judge other wise I was trespassing one their property. they own a firefighting business and are very close with the police department in that county. also I have only seen her a handful of times in the last 5 years and I think she is going through enough dealing with her father going to jail ripping her out of the only home she has known for the last 5 years would mentally be more damaging than anything. I want to make sure she is still a part of their lives and let her go stay with them a couple times a month and the only way they are going to let that happen with out having problems is by going to court and getting an order

[adjusterjack]

Then go to court. Do it now, before they get ahead of you. If the 2 grandparents are H and W, you name both, and the father. A lawyer will know what to do. Get one.

[bcr229]

Have you reached out to Oregon legal aid for help?

https://oregonlawhelp.org/issues/family

Also did you take a copy of the current custody order with you when you went to get your daughter? Because that is an order signed by a judge.

[latigo]

If you know the present whereabouts of your daughter, then you must know where and with whom she is living, which obviously is not with her father. But why haven't you told us where and with whom she is residing at present?

That aside and assuming that her paternal grandparents are asserting/exercising physical custody of your child and refusing to release the girl to your care, here is what needs to be done through your legal representative.

1. File a petition with the appropriate court naming the grandparents as respondents * asking the court to issue aWrit of Habeas Corpus.

What the Writ will do is to order and direct the respondents to appear in court together with the child at a time and place certain, and then and there show legal cause, if any they have justifying their assertion of physical custody and control of the child and denying you sole legal and physical custody.

2. File a motion with the family court that issued the existing custody order asking that it be modified granting you full and exclusive physical and legal custody.


[*] There may be others (such as other family members) that need to be included as respondents. Your attorney will know from consultations and investigation if it is necessary to shotgun the Petition for the Writ with John and Jane Does.

Good luck