In order to transfer custody of a child, can a notarized letter be deemed sufficient?

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In order to transfer custody of a child, can a notarized letter be deemed sufficient?

My daughter is 16 and had a son about 5 months ago. The father is a older man who has no contact and nothing to do with the child. She is trying to enter job corp and wants to give me gardianship/custody. We do not have the money for an attorney,

Asked on September 8, 2012 under Family Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is my understanding that under Oregon law only a court can transfer the guardianship of your grandson on petition from you.  It is possible to do this yourself and with out an attorney.  Since the Father is not in the picture and parentage has not been established your daugther in the baby's only legal guardian.  So go down to the courts and ask the clerk for a sample petition.  There will be an affidavit from you or your daughter  - or both - explaining the reasons for transferring temporary guadianship of the baby and allowing you to make decisions regarding his health and well being.  The petition should be filed and a hearing date set.  Waive the home visit.  Good luck.


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