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At the termination hearing, CPS must prove by clear and convincing evidence that the parents are unfit and that it is in the child's best interest that they never regain custody. The court then decides whether one or both of the parents' custodial rights should be terminated.
While neither you nor your spouse can sign away parental rights on your own , the state can step in and terminate them.
Oregon statutes provide that an abandoned child is a child left under circumstances in which the identity of his parent is unknown and cannot be ascertained, despite a diligent search, and the parent has not come forward to claim the child for at least three months.
Oregon law list factors to determine if a parent is unfit, such as abusive, cruel or sexual conduct toward any child; addiction or habitual use of narcotics, alcohol or controlled substances; physical neglect of the child; or mental health condition that renders parent incapable of proper care to the child.
(a) Abandonment, including desertion or willful forsaking of a child or young adult, or the withdrawal or neglect of duties and obligations owed a child or young adult by a resource parent or respite provider certified by Child Welfare, a caregiver, or other person.
In order for the court to consider this situation abandonment or desertion, it must continue for an extended period of time. The absence must also be permanent and without the consent of the other spouse. A number of elements must play into the situation to constitute abandonment.
In Oregon, you can easily convert your legal separation into a legal divorce (dissolution of marriage), thereby making all the terms of your legal separation final, within two years of the legal separation simply by filing a form (and incurring no additional fees.)