Oregon Petition for Termination of Guardianship by Emancipated Minor

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Description

A guardianship is a legal relationship created when a person or institution named in a will or assigned by the court to take care of minor children or incompetent adults. The guardianship of a minor remains under court supervision until the child reaches majority at 18.

Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand.

Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order. A parent may also formally or informally agree to give up some or all of his/her parental control. For example, a parent might consent to allowing a child to establish a separate household. In other cases, a parent may force the minor to leave and support him/herself. Generally, parental consent is required, except in cases of parental misconduct that causes the minor to leave the home. Emancipation may cease to make a parent liable for the acts of a child, including debts, negligence or criminal acts.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Petition for Termination of Guardianship by Emancipated Minor
  • Preview Petition for Termination of Guardianship by Emancipated Minor

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FAQ

You will need to complete a Petition to Terminate Guardianship, and a Citation or a Notice of Hearing. You may also need to provide other documents depending on your situation.

The appointment can only be for a specific purpose and a specific time period (not more than 30 days). The court can extend the temporary guardianship for an additional 30 days. Will I be notified that someone has petitioned the court to become my guardian?

A guardian is someone who is appointed by a court to protect and care for the health and well-being of an incapacitated person, or a minor child. A petition must be filed with the appropriate court, and notice given to all interested persons.

When a guardian is no longer willing or able to fulfill the duties of a guardian, they must contact or petition the Court to request a hearing for the Court to terminate the guardianship.

Under Oregon law, guardians have the right to decide where the child lives, either in or out of Oregon, unless the order of appointment says they can't. Guardians have all the rights and responsibilities that a parent would, including agreeing to the marriage or adoption of the child.

Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.

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Oregon Petition for Termination of Guardianship by Emancipated Minor