Q: How can I get custody of my niece and nephew?
I have been taking care of my niece and nephew for the past 7 years. My sister had signed a POA at the time I took them and last year signed guardianship paperwork but I didn't take it to the court because the bio father started texting my mother. During the 7 years they were with me my sister's involvement was minimal. Neither her or the father provided monetary support or emotional support. She has been hospitalized on several occasions for mental health issues. I have claimed them on my taxes, they are on my medical insurance, I am their point of contact for school, I pay all of their expenses. She is now attempting to take them from me. What can I do?
A: You could file a petition for custody and support of the children, or intervene in any court proceeding involving the children that has already been initiated. Oregon law provides that any person, including but not limited to a related relative by blood or marriage, who has established emotional ties creating a child-parent relationship or an ongoing personal relationship with a child may petition or file a motion for intervention with the court having jurisdiction over the child, or if no such proceedings are pending, may petition the court for the county in which the child resides, for an order providing for custody, parenting time and support. These are difficult and complex cases, so you should consult with an experienced family law attorney in your area.
A:
Please click on this link and read the associated law. I am assuming that your situation is in Oregon and Oregon Law Applies. https://www.oregonlaws.org/ors/109.119 It sounds like you would qualify to apply to be the custodial parent based on this law. However, the mother would have a great right then you to take the children assuming that she is stable. But if she isn't stable the court might award you custody. If the court does give mother custody, using this same law you could claim a right to court ordered visitation and I would effeminately ask for that as your second alternative.
The reason stable mom has a right to get the children back is explained by the case of Troxel v. Granville, which is a US Supreme court case that holds that raising one's biological children is a right protected by the US Constitution. However, if mom is unstable, her constitutional rights can be subjugated to the need to keep the children safe. https://en.wikipedia.org/wiki/Troxel_v._Granville
So yes, you may have some legal rights to custody or parenting time, but this is a difficult area and you will probable need to hire a lawyer to help you.
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