Grandparent Rights

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Grandparent Rights?

The best Oregon grandparent rights lawyer for you is the attorney that gets the outcome you want.

Grandparent Rights and Third-Party Rights

Oregon no longer explicitly provides rights to the grandparents of children. In 2001, the law changed to allow the court to grant rights to any third party who has established a "child-parent" relationship with a child. Third parties who qualify may petition the court for the guardianship, placement, or even custody of that child. Because the law is not specific to grandparents, lawyers often refer to "grandparent rights" as "third-party rights." The statute that controls the standards is ORS 109.119:

This statute is relatively complicated and can create confusion even for experienced Oregon grandparent rights lawyers. However, be aware that the law places immense importance on a child's natural or legal parents' rights. Because the burden is so high and the statute so complicated, a third party (including grandparents) seeking parenting time, custody, or guardianship of a child should consult an attorney experienced in this area. Successful results require the correct facts and carefully presenting crucial points to the court.

Contact one of our experienced attorneys today to help you successfully present your Oregon grandparent rights and third-party case.

Each grandparent rights case has facts that make it distinct from others, requiring careful evaluation by a skilled grandparent rights attorney to advise on your case. Getting you the best possible recovery is our top priority. Call us to help start your economic recovery today.

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Grandparent Rights
Frequently Asked Questions (FAQ's)

What are the legal rights of grandparents in Oregon?

In Oregon, grandparents don't have specific rights, but do have the same rights as any other person who has established a parent-like relationship with a child. Under this framework, grandparents have the right to seek visitation with their grandchildren through a court order. However, they must prove that they have an established relationship with the child and that it is in the child's best interest to maintain contact. Parents' wishes and rights are given priority over those of grandparents.

What are my rights as a grandparent regarding visitation with my grandchildren?

In Oregon, grandparents have limited rights to request visitation with their grandchildren. If you can prove that it's in the best interest of the child and that an ongoing relationship exists or existed between grandparent and grandchild, you may petition for visitation rights through the court system.

How long does it take to establish grandparent rights in Oregon?

The timeline for establishing grandparent rights varies depending on factors such as court schedules, case complexity and whether all parties are cooperative. It is essential to work with an experienced family law attorney who can guide you through the process efficiently.

Do I need an attorney for a grandparent rights case?

While it is not required by law, having an experienced family law attorney can significantly improve your chances of success in obtaining visitation or custody rights. They can help you navigate complex legal processes, present evidence effectively and advocate for your interests throughout the process.

Can I modify an existing custody or visitation order as a grandparent?

Yes, if there has been a significant change in circumstances or new information comes to light that affects the child's best interest, you can petition the court to modify an existing custody or visitation order. However, modifications may be more challenging to obtain than initial orders and may require additional legal assistance.

How can I obtain visitation rights?

To obtain visitation rights, you must first establish that you have a pre-existing relationship with your grandchild and that continued contact would be in their best interest. You can then file a petition with the court requesting visitation rights and presenting evidence supporting your claim.

Can grandparents obtain legal rights for visitation with their grandchildren?

In some cases, grandparents may petition for visitation rights with their grandchildren under specific circumstances such as when one or both parents are deceased or unable to care for the child. However, grandparents must prove that visitation is in the best interest of the child.

What factors do courts consider when determining grandparent visitation?

Courts consider several factors when determining whether granting grandparent visitation is in a child's best interest including: existing relationships between parties involved; any history of abuse or neglect by either party; parental wishes; emotional ties between grandparent(s) and grandchildren; and overall impact on a child’s well-being.

How is child custody determined in Oregon?

Child custody decisions are based on the statutory requirements listed at ORS 107.137. These requirements include the best interests of the child, considering factors like emotional bonds with parents and siblings, abuse by one parent, stability of home environment, and each parent's ability to meet the child's needs.

Can I petition for custody of my grandchild?

Grandparents may petition for custody if both parents are deemed unfit or unable to care for their child. The court will consider factors such as emotional ties, stability, and ability to meet the child's needs when deciding whether granting custody is in the child's best interest.

Can my grandchild's parent refuse my request for visitation?

Parents have constitutional rights to make decisions about who has access to their children, including refusing requests from grandparents for visitation. If this occurs, you may need to seek a court order granting you visitation rights based on evidence proving it is in the child's best interest.

What are the grounds for modifying child custody in Oregon?

In Oregon, courts may modify child custody if there is a significant change in circumstances that affects the best interests of the child. This can include changes in parents' living situations, mental health issues, substance abuse problems, or changes in the child's needs.

Common Family Law Matters Our Attorneys Handle

Oregon Attorneys for Grandparent Rights family law matters.
  • Spousal Support Determinations
  • Post-Divorce Modifications
  • Child Support Modifications
  • Adoption Proceedings
  • Parenting Plans
  • Prenuptial Agreements
  • Divorce Proceedings
  • Property Division
  • Restraining Orders
  • Domestic Relations Orders
  • Legal Separation
  • Paternity Establishment
  • Child Custody Disputes



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Useful Oregon Statutes For
Grandparent Rights

Ex Parte Temporary Custody Or Parenting Time Orders


ORS 107.097(2)

...

(a) A party may apply to a court for a temporary protective order of restraint by filing with the court an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, conforming to the requirements of ORS 109.767. (b) Upon receipt of an application under this subsection, the court may issue a temporary protective order of restraint restraining and enjoining each party from:

(A) Changing the child’s usual place of residence;

(B) Interfering with the present placement and daily schedule of the child;

(C) Hiding or secreting the child from the other party;

(D) Interfering with the other party’s usual contact and parenting time with the child;

(E) Leaving the state with the child without the written permission of the other party or the permission of the court; or

(F) In any manner disturbing the current schedule and daily routine of the child until custody or parenting time has been determined.


Read Full Text: ORS 107.097

Parenting Plan


(1) In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), there shall be developed and filed with the court a parenting plan to be included in the judgment. A parenting plan may be either general or detailed.

(2) A general parenting plan may include a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have.

(3) A detailed parenting plan may include, but need not be limited to, provisions relating to:

(a) Residential schedule;

(b) Holiday, birthday and vacation planning;

(c) Weekends, including holidays, and school in-service days preceding or following weekends;

(d) Decision-making and responsibility;

(e) Information sharing and access;

(f) Relocation of parents;

(g) Telephone access;

(h) Transportation; and

(i) Methods for resolving disputes.


Read Full Text: ORS 107.102

Provisions Of Judgment


ORS 107.105 is a huge statute that provides detailed provisions governing not only the provisions of a divorce or separation judgment but also provisions regarding attorney fees. Rather than quote select parts, the statute may be reviewed in its entirety at the link below.


Read Full Text: ORS 107.105

Vacation Or Modification Of Judgment


(1) The court may at any time after a judgment of annulment or dissolution of marriage or of separation is granted, upon the motion of either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Division of Child Support when required under subsection (9) of this section:

(a) Set aside, alter or modify any portion of the judgment that provides for the appointment and duties of trustees, for the custody, parenting time, visitation, support and welfare of the minor children and the children attending school, as defined in ORS 107.108 (Support or maintenance for child attending school), including any health or life insurance provisions, for the support of a party or for life insurance under ORS 107.820 (Support order as insurable interest) or 107.830 (Physical examination may be ordered);

(b) Make an order, after service of notice to the other party, providing for the future custody, support and welfare of minor children residing in the state, who, at the time the judgment was given, were not residents of the state, or were unknown to the court or were erroneously omitted from the judgment;

(c) Terminate a duty of support toward any minor child who has become self-supporting, emancipated or married;

(d) After service of notice on the child in the manner provided by law for service of a summons, suspend future support for any child who has ceased to be a child attending school as defined in ORS 107.108 (Support or maintenance for child attending school); and

(e) Set aside, alter or modify any portion of the judgment that provides for a property award based on the enhanced earning capacity of a party that was awarded before October 23, 1999. A property award may be set aside, altered or modified under this paragraph.

...


Read Full Text: ORS 107.135

Factors Considered In Determining Custody Of Child


(1) Except as provided in subsection (6) of this section, in determining custody of a minor child under ORS 107.105 (Provisions of judgment) or 107.135 (Vacation or modification of judgment), the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:

(a) The emotional ties between the child and other family members;

(b) The interest of the parties in and attitude toward the child;

(c) The desirability of continuing an existing relationship;

(d) The abuse of one parent by the other;

(e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and

(f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

...


Read Full Text: ORS 107.137

Proceeding To Determine Custody Or Support Of Child


(1) If a child is born to an unmarried person and parentage has been established under ORS 109.065 (Establishing parentage), or if a child is born to a married person by a person other than the birth mother’s spouse and parentage between the person and the child has been established under ORS 109.065 (Establishing parentage), either parent may initiate a civil proceeding to determine the custody or support of, or parenting time with, the child. The proceeding shall be brought in the circuit court of the county in which the child resides or is found or in the circuit court of the county in which either parent resides. The parents have the same rights and responsibilities regarding the custody and support of, and parenting time with, their child that married or divorced parents would have, and the provisions of ORS 107.094 (Forms for restraining order and request for hearing) to 107.449 (Transfer of proceeding under ORS 107.135 to auxiliary court) that relate to custody, support and parenting time, the provisions of ORS 107.755 (Court-ordered mediation) to 107.795 (Availability of other remedies) that relate to mediation procedures, and the provisions of ORS 107.810 (Policy), 107.820 (Support order as insurable interest) and 107.830 (Physical examination may be ordered) that relate to life insurance, apply to the proceeding.

...


Read Full Text: ORS 109.103

Rights Of Person Who Establishes Emotional Ties


(1) Except as otherwise provided in subsection (9) of this section, any person, including but not limited to a related or nonrelated foster parent, stepparent, grandparent or relative by blood or marriage, who has established emotional ties creating a child-parent relationship or an ongoing personal relationship with a child may petition or file a motion for intervention with the court having jurisdiction over the custody, placement or guardianship of that child, or if no such proceedings are pending, may petition the court for the county in which the child resides, for an order providing for relief under subsection (3) of this section.

(2)(a) In any proceeding under this section, there is a presumption that the legal parent acts in the best interest of the child.

(b) In an order granting relief under this section, the court shall include findings of fact supporting the rebuttal of the presumption described in paragraph (a) of this subsection.

(c) The presumption described in paragraph (a) of this subsection does not apply in a proceeding to modify an order granting relief under this section.

(3)(a) If the court determines that a child-parent relationship exists and if the court determines that the presumption described in subsection (2)(a) of this section has been rebutted by a preponderance of the evidence, the court shall grant custody, guardianship, right of visitation or other right to the person having the child-parent relationship, if to do so is in the best interest of the child. The court may determine temporary custody of the child or temporary visitation rights under this paragraph pending a final order.

(b) If the court determines that an ongoing personal relationship exists and if the court determines that the presumption described in subsection (2)(a) of this section has been rebutted by clear and convincing evidence, the court shall grant visitation or contact rights to the person having the ongoing personal relationship, if to do so is in the best interest of the child. The court may order temporary visitation or contact rights under this paragraph pending a final order.

(4)(a) In deciding whether the presumption described in subsection (2)(a) of this section has been rebutted and whether to award visitation or contact rights over the objection of the legal parent, the court may consider factors including, but not limited to, the following, which may be shown by the evidence:

(A) The petitioner or intervenor is or recently has been the child’s primary caretaker;

(B) Circumstances detrimental to the child exist if relief is denied;

(C) The legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor;

(D) Granting relief would not substantially interfere with the custodial relationship; or

(E) The legal parent has unreasonably denied or limited contact between the child and the petitioner or intervenor.

(b) In deciding whether the presumption described in subsection (2)(a) of this section has been rebutted and whether to award custody, guardianship or other rights over the objection of the legal parent, the court may consider factors including, but not limited to, the following, which may be shown by the evidence:

(A) The legal parent is unwilling or unable to care adequately for the child;

(B) The petitioner or intervenor is or recently has been the child’s primary caretaker;

(C) Circumstances detrimental to the child exist if relief is denied;

(D) The legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor; or

(E) The legal parent has unreasonably denied or limited contact between the child and the petitioner or intervenor.

...


Read Full Text: ORS 109.119

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