Summary
A notarized letter from a parent may not be enough for legal guardianship. Formal guardianship requires court approval, including filing a petition, notifying interested parties, and attending a court hearing. CPS can remove a child if they believe theres immediate danger, but they must follow due process. If CPS has asked you to be a foster parent, its crucial to ensure all legal documentation is in order. Consider seeking assistance from legal aid services, foster care resources, or court self-help centers in Oregon.Full Conversation
Oregon. The child's mother is an Oregon resident and his father and Idaho resident. The child is technically an Idaho resident.
It sounds like a complex case involving multiple states and jurisdictions. Here are some relevant points regarding your situation:
- Interstate Jurisdiction: Since the child is technically an Idaho resident, Idaho laws may apply in addition to Oregon's.
- Guardianship: A notarized letter from the father may not be sufficient for legal guardianship. Formal guardianship typically requires court approval.
- CPS Actions: CPS can remove a child if they believe the child is in immediate danger. However, they must follow due process and provide documentation.
It might be beneficial to consult a family law attorney in Oregon to navigate this situation. Would you like information on how to find one?
They have all decided the child wasn't in danger and have asked me to be his foster parent...
It's positive that they have decided the child wasn't in danger and are asking you to be his foster parent. However, given the complexities of the case, it might be beneficial to ensure you have all necessary legal documentation and understanding.
Would you like information on how to proceed with becoming a foster parent or any other legal assistance regarding guardianship?
I don't have any money for a lawyer
It's great that CPS decided the child wasn't in danger. For legal assistance without a lawyer, you can consider these options:
- Legal Aid Services: Check for free or low-cost legal aid organizations in Oregon.
- Foster Parent Resources: Contact local foster care agencies for guidance.
- Court Self-Help Centers: They can provide forms and instructions for guardianship and foster care processes.
Would you like more information on any of these options?
Why should I try to become a foster parent when I already have guardianship of the child? Can't I just take him and leave?
It's important to understand that a notarized letter from the father granting you guardianship may not be legally sufficient. Formal guardianship typically requires court approval. Since CPS is involved, leaving with the child without following legal procedures could result in severe legal consequences.
Would you like more information on how to formally establish guardianship through the court?
Yes
To formally establish guardianship through the court, you will need to follow these steps:
- Petition for Guardianship: File a petition in the appropriate court in Oregon.
- Notify Interested Parties: Notify the child's parents and other interested parties.
- Court Hearing: Attend a court hearing where the judge will review the case.
Would you like information on where to find the necessary forms and instructions for this process?
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