Q: How does a person retain custody of their own child after the temp custody has expired from the "foster parents".
My girlfriend ended up doing some time in Oregon. Her Daughter was placed in the temporary custody of a couple who are friends of the fathers family. He gave up parental custody but she has not. The temporary custody order had expired about a month ago and when we went to try and the daughter my girlfriend was and still is being ran around in circles from everyone involved. What is the correct way to get her daughter back once and for all? Where do we get the forms to petition the court in Oregon to get her daughter back?
A:
There is no way to answer this over the internet. If this is a case that was in Juvenile Court then your girlfriend probably had a court appointed attorney and should contact the court appointed attorney. The State of Oregon would still technically be determining where the child is placed and the custody order is only a formality. You have to prove that the mother is capable of parenting the child and I would expect the State of Oregon to give her a long list of goals she will have to meet before she gets custody of her daughter otherwise her parental rights will be terminated.
I don't understand what you mean about the father giving up parental custody. He might have just chosen not to object to the courts determination. But normally if there is a termination of parental rights it is for both parents and results in the child being placed for adoption. I suspect that father is not an acceptable choice for placement of the children according to the social workers and all that has happened is that the State and father have agreed to this. Father may still be on the hook to pay child support.
But this will definitely require your girlfriend to seek advice from an attorney before she will know what she needs to do. It is not wise to discuss the details of this case on the internet so don't post anymore.
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