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psycological parents rights

 
 
Reply Sun 30 Jan, 2005 09:53 pm
I live in the state of oregon with my grandson whom is three years old. i have lived her for six months and presently do not have any legal status for raising this child. the child has lived with me since his birth. His mom has lived with me on and off since his birth but has not engaged in actively raising him.

When the said child was 18 months old the parents due to an ongoing battle about adoption and child support went through a court litagation in the state of california where the child was born. The lawyer representing my daughter was to move to a different city in california and encouraged my daughter to sign a legal document awarding joint physical cusotdy and joint legal custody to dad. the agreement was also that dad did not pay any child support.

the agreement stated that the parents shared time 50/50 equally. This lasted two weeks and the baby was back with me full time.

dad visited the baby infrequently for a few hours at a time. his is driven by his parents obsessive desire to raise their grandchild. dad has disclosed to myself and others that his parents were abusive to him as a child.

during the summer of 04 dad gave me permission to move to the state of oregon. once i was here the child then 2 years 6 months disclosed disturbing details of sexual misconduct. he indicated this was done by his other grandmother. when i told this to dad he said it made since and that he did not plan to let him go to his moms during visits he shared with said child.

however during a visit to california in november while dad's wife was at work he took child to his parents. child told me that he and his grandma sat in the hot tub naked.

i have reported this to the authorities in oregon and they were not too interested in doing an investigation since said child was not willing to chat alone with them and since the child was in oregon and the other grandparents were in california.

the agreement that i had with dad was that i could live in oregon until february 1, 2o05. this is only days away.
i have asked dad if i can extend this and have asked him to sign guardianship papers.

i am interested in knowing my legal rights in the state of oregon

does california have ultimate jurisdiction over this child.

is there any legal clause that will give this child the right to continue to live with me his grandma and psychological parent in the state of oregon.

i have filled out probate guardianship and am waiting to see if dad signs this form.

what does the law say about custody in situations like this?

should i file for custody, adoption (contested), guardianship?

is there a law that will help protect this child?

thanks for any information you can give me
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Debra Law
 
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Reply Mon 31 Jan, 2005 09:44 am
Rule of Law: Natural parents have a paramount right to custody of their children to the exclusion of all other persons. Exceptional circumstances is an exception to the rule. An exceptional circumstance exists when the child has developed a parent/child bond with a pyschological parent.

California was the child's home state at the time the original custody order was entered when the child was 18 months old. In accordance with the PKPA (Parental Kidnapping Prevention Act), the state of California has exclusive and continuing jurisdiction so long as either one of the parents or the child continues to reside in California. The state of Oregon does NOT have jurisdiction over custody issues concerning the child.

You must seek the assistance of a California attorney and file for custody in a California court. Your chances of winning custody (at this time) are about 50/50. Your odds of winning custody in a court of law increase the longer the child lives in your de facto custody without significant contact from his natural parents.
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sj
 
  1  
Reply Sun 13 Feb, 2005 12:54 pm
I am totally at my wits ends with my husbands ex wife
. She is unstable and constantly brainwashing twins that live with her.
She is obsessed with making her ex's life miserable at any cost including the twins welfare,she is now homeless she will not work. She tells the twins that their father does not pay child support . He pays religiously. Everybody she meets she starts telling about her ex husband and how he is such a terrible person. Carries divorce papers in her purse.
I have begged for counseling for her but she says she doesn't need it.
Please give me some feedback. Thoughts?
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boomerang
 
  1  
Reply Sun 13 Feb, 2005 01:06 pm
Sorry sj, I can't help you at all.

I really wish I had seen celestart's post earlier.

I live in Oregon and I am a psychological parent. I could point you to all kinds of information about it.

I am afraid that what Debra said is ture - California really has jurisdiction in this case and you will need to find out what their laws are.

Are you still around, celestart?
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