Any Oregon parent who has been through the custody process probably knows the process can be complicated and lengthy. If both parents can agree on a custody schedule, a custody agreement can be drafted and entered with the court.
Dec. 26, 2019
What Is the Difference Between a Guardianship and Conservatorship?
Minor children need someone in their lives who takes care of them and provides for them. Sometimes, their parents are unable to do this. This is when the state needs to step in and find someone who is suitable to take care of the children. There are two ways this may occur in Oregon. The court may appoint a guardian or a conservator.
According to the Oregon Judicial Branch, a conservatorship is where the court puts a person in charge of the assets of a child. On the other hand, a guardianship is where the court appoints a person to take care of the child’s well-being and care. The process and requirements for both positions are very similar.
You may be able to get the forms you need to file for either position through the court, but in general, there is not a form available. You will need to draw it up yourself and ensure that it provides the required information the court needs to consider the matter. With a guardianship, you must provide notice to the child’s parents of the request to become the guardian. It is your responsibility to do this even if you cannot locate a parent.
You may serve as a guardian or conservator if you have an interest in the care of the child. You will have to tell the court about any bankruptcies, professional license revocation and criminal history. You also must file your paperwork with the correct court. This is the court in the county where the child lives. This information is for education and is not legal advice.
Child custody disputes can be difficult to disentangle, and for a number of reasons. One of the biggest is that many of these disagreements are nothing more than he-said, she-said scenarios.
Prenuptial agreements used to have a negative stigma amongst people in Oregon and elsewhere, but this stigma is fading. Now, many couples especially couples with significant assets understand that a prenuptial agreement is simply a good way to protect your interests should your marriage not last.