Regaining Custody From Guardianship

Summary

Tiffanys mother obtained legal guardianship of her daughter in Oregon and relocated to Washington. Tiffany is seeking to regain custody and is considering legal representation. She has evidence of physical abuse and misuse of her mental illness by her mother and stepfather. She has not yet filed any petitions to regain custody or terminate the guardianship. She is also considering reaching out to pro bono legal services and legal aid services in Oregon.

Full Conversation

My mom obtained legal guardianship of my daughter's wrongfully and I want my kids back. She relocated to another state more than 3hrs away from myself and their dad's. She has failed to turn in the annual guardianship report and now it's delinquent and there is a court date coming up.
What state did the guardianship take place in and where has your mother relocated to?
The guardianship is in Oregon and she moved to Washington
What is the date of the upcoming court hearing?

For Oregon, guardianship reports are required annually. Non-compliance can lead to legal consequences.
September 25th
What is the name of the court where the hearing is scheduled? In Oregon, failure to submit annual guardianship reports can lead to termination of guardianship.
Multnomah county probate
Multnomah county courts
What actions have you taken so far to regain custody of your daughter?

Multnomah County Courthouse, Oregon:
- Address: * SW 4th Ave, Portland, OR *
- Phone: (*) *-*
Legally?
Yes, legally. Have you consulted with a lawyer or filed any petitions to regain custody?
I have not.
What is the reason your mother was granted guardianship in the first place?

In Oregon, to regain custody, you may need to prove a change in circumstances and that it's in the child's best interest.
As far as I know she claimed that I was not in the picture which is false. I lived in the same house until my stepdad my mom's husband put his hands on me and I had to move out. She was also my payee for my social security benefits until I moved out. She also claimed me as one of her dependents on her taxes.
Have you reported the physical abuse incident to the police or any other authority? In Oregon, evidence of abuse can significantly impact custody decisions.
It was reported and the police came out but nothing was done to him because both him and my mom used my mental illness against me stating I was having an outburst and not on my medication. So I had to leave
Do you have any evidence or witnesses to support your claim about the physical abuse and the misuse of your mental illness?
Yes.
Yes
What kind of evidence do you have to support your claim?
My grandma and my daughters dad. I don't know if there is any report that I can get from the police.
Have you tried requesting a copy of the police report from the incident? In Oregon, you can usually obtain these from the local police department.
No I have not. There were several times the police were called
You should request those police reports. They could be crucial evidence in your case. In Oregon, you can request them from the local police department.
Ok
Have you considered hiring a lawyer to help you navigate this process and represent you in court?
Explanation: In Oregon, having legal representation can significantly improve your chances of regaining custody.
Yes. I have been looking for one that I can afford
What is your budget for legal representation? In Oregon, there are legal aid services available for those who cannot afford a lawyer.
Not much since I'm on a fixed income
Have you considered reaching out to legal aid services in Oregon? They often provide free or low-cost legal assistance to those in need.
Yes they wanted some type of payment and I hadn't got paid so I couldn't do it
Yes but didn't have the money for the fee
Have you tried applying for a fee waiver in Oregon? If you're unable to afford court fees, you may be eligible for a waiver.
No. This is the most I have gotten done
Have you considered reaching out to pro bono legal services in Oregon? They often provide free legal assistance to those in need.
I will look into it
That's a good idea. Pro bono services can provide valuable legal assistance. You can contact the Oregon State Bar's Pro Bono Program at (*) *-* for more information.
Ok I will
Have you considered filing a petition to terminate the guardianship in Oregon?
Explanation: In Oregon, you can file a petition to terminate the guardianship if you can prove it's in the best interest of the child.
I have tried that and I was told that there is no form for termination of guardianship of a minor
In Oregon, you can file a motion to modify or terminate guardianship. Have you tried filing a motion instead of looking for a specific form?
No. I'm not sure how to do that
You can consult with a lawyer or legal aid service to help you file a motion to modify or terminate guardianship. They can guide you through the process.
Ok will contact them
That's a great step, ****. Remember, it's crucial to gather all your evidence and present a strong case that it's in your child's best interest for you to regain custody. Good luck!
Thank you
Ok thank you
What is the current status of your case? Have you been able to gather all the necessary evidence and documents?