Q: Can the aunt of a toddler motion for temporary custody under immediate danger statutes
Father motioned against mother and it was granted, it was recently vacated but mother is in residential treatment for meth use. It turns out the father is also using and selling meth out of the house with the child. The childs aunt has been the childs daycare provider since child was 3 months old and he is now 18 months old. Can the aunt motion for temporary custody
A: Possibly but you will need an attorney to help and advise you. This statute might allow you to Petition: https://www.oregonlaws.org/ors/109.119. Alternatively you may be able to file for guardianship. However if DHS has already gotten involved and the juvenile court has placed the children it may be harder to get involved. The entire situation is much easier if the parents both consent to the placement of the child with the Aunt, voluntarily, before DHS gets involved. It doesn't sound like father is going to allow this voluntarily. Go talk to an attorney.
A: Any person who has established emotional ties creating a child-parent relationship or an ongoing personal relationship with a child may seek custody or visitation rights with respect to the child. You should contact an attorney to determine the best approach for asserting your rights to custody of your niece.
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