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What are the laws in Oregon regarding child placement with relatives?

What are the laws in Oregon regarding child placement with relatives?

Q: Can I move out of Oregon with my child without father's permission?

In Oregon, you generally cannot move out of state with your child without the other parent's consent or a court order. If there is a custody agreement in place, you must adhere to its terms. If the father has legal custody rights, you may need to seek permission from him or the court to relocate with the child.

Q: Can a child refuse to see a parent in Oregon?

In Oregon, a child's preference regarding visitation can be considered, especially as they get older. However, the court ultimately decides based on the child's best interests. If a child expresses a desire to refuse visitation, it may be necessary to address this in court to ensure the child's needs are met.

Q: Can a mother move a child away from the father in Oregon?

A mother cannot unilaterally move a child away from the father in Oregon if there is a custody agreement in place. She must seek the father's consent or obtain a court order allowing the move. The court will consider the child's best interests when making a decision on relocation.

Full question:

What are the laws in Oregon on placement of children with my relatives?

Category: Minors
Subcategory: Placement with Relatives
Date: 04/07/2025
State: Oregon

Answer:

In Oregon, when a child needs placement or continued care, the law prioritizes placing them with relatives or caregivers (ORS 419B.192). The Department of Human Services (DHS) must make diligent efforts to achieve this and report their efforts to the court.

If a child has a sibling also needing placement, the DHS must try to place the siblings together unless the court decides it's not in their best interest.

When considering placement, the DHS evaluates several factors, including:

The person's ability to ensure the child's safety and comply with any contact restrictions.
The person's support for the department's plans for the child.
The person's ability to meet the child's physical, emotional, and educational needs.
The strength of the existing relationship between the child and the potential caregiver.
The ability to provide for any siblings needing placement.

If the court finds that placement with a relative is not in the child's best interest, it must provide written reasons for this decision. Additionally, if the Indian Child Welfare Act applies, its placement preferences must be followed.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the difference between relative placement and foster care?

Relative placement involves placing a child with family members or relatives when they cannot live with their parents. This is prioritized under Oregon law (ORS 419B.192). In contrast, foster care involves placing a child with licensed caregivers who are not related to them. While both aim to provide a safe environment, relative placement often allows for family connections, which can be beneficial for the child's emotional well-being.

Can I move out of Oregon with my child without father's permission?

Can you stop a parent from moving?

In Oregon, you can seek a court order to prevent a parent from moving if it would negatively impact your custody rights or the child's well-being. You would need to demonstrate that the move is not in the child's best interest. It's advisable to consult with a legal professional to understand your options and the necessary steps.

Can a child refuse to see a parent in Oregon?

Can a mother move a child away from the father in Oregon?

At what age can a child decide who they want to live with in Oregon?

In Oregon, there is no specific age at which a child can decide where to live. However, as children mature, their preferences may carry more weight in custody decisions. Typically, courts will consider a child's wishes more seriously as they approach their teenage years, especially if they are deemed mature enough to express a reasoned preference.