Unregulated Custody Transfers of Adopted Children - Oregon

Date:

Definitions

Citation: Ann. Stat. § 109.056

A 'servicemember-parent' means a parent or guardian who is a member of any of the following:

  • The organized militia of this State
  • The reserves of the U.S. Army, Navy, Air Force, Marine Corps, or Coast Guard
  • The commissioned corps of the National Oceanic and Atmospheric Administration
  • The U.S. Public Health Service detailed by proper authority for duty with the U.S. Army or Navy

Prohibited or Required Actions Regarding Custody

Citation: Ann. Stat. § 109.056

By a properly executed power of attorney for a period not exceeding 6 months, a parent or guardian of a minor may delegate to another person any of the powers of the parent or guardian regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward.

A parent or guardian of a minor child may delegate parental powers to a school administrator for a period not exceeding 12 months.

Exceptions

Citation: Ann. Stat. § 109.056

A servicemember-parent of a minor child may delegate the powers described above for a period not exceeding the term of active-duty service plus 30 days.

If the minor child is living with the child's other parent, a delegation of parental powers must be to the parent with whom the minor child is living unless a court finds that the delegation would not be in the best interests of the minor child.

When the servicemember-parent has joint custody of the minor child with the child's other parent or another individual, and the servicemember-parent is married to an individual other than the child's other parent, the servicemember-parent may delegate parental powers to their spouse for a period not exceeding the term of active duty service plus 30 days unless a court finds that the delegation would not be in the best interests of the minor child.

Consequences

This issue is not addressed in the statutes reviewed.