Skip to main content

Can a parent have custody of their child while still giving temporary guardianship to another person, i.e. a grandparent?

Hillsboro, OR |

for the year of 2010 my parents have been supporting myself and my son because my spouse (we're going through a divorce currently) has not been giving child support and i have not been able to find work until recently (two weeks ago.) my dad, my sons grandparent, would like to put him on his insurance and claim him on taxes for the year of 2010 but cant do that unless he's a guardian or has custody of him for legal reasons. im trying to get sole custody of my son in comparison to joint, as my spouse has not been supportive in any way and only visits once a week and is a person, quite frankly, i would be afraid to let have my son for any period of time as he is one that would just take off with him and i'd never see him again. how should i proceed and are these fears legitimate to a judge?

Attorney Answers 2


  1. This scenario is too difficult to respond to with a simple yes or no answer. You and your parents need to consult with an attorney as soon as possible. A guardianship don't necessarily terminate a parents rights but it can severally limit your rights, including custody rights.

    Kevin J. Tillson

    THIS RESPONSE IS NOT PROVIDED AS LEGAL ADVICE. YOU SHOULD CONTACT AN ATTORNEY TO DISCUSS THIS MATTER IN FURTHER DETAIL


  2. This scenario is too difficult to respond to with a simple yes or no answer. You and your parents need to consult with an attorney as soon as possible. A guardianship doesn't necessarily terminate a parent's rights but it can severally limit your rights, including custody rights.

    Kevin J. Tillson

    THIS RESPONSE IS NOT PROVIDED AS LEGAL ADVICE. YOU SHOULD CONTACT AN ATTORNEY TO DISCUSS THIS MATTER IN FURTHER DETAIL

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics