Do grandparents have any visitation rights in Oregon?

On Behalf of | May 4, 2018 | Family Law

Oregon state lawmakers did away with the previous grandparent visitation laws in 2001, choosing instead to replace them with ones that apply to any nonparent interested in securing visitation with a child in the state.Under the current law, those third parties who possess a child-parent relationship with a minor are eligible to petition a family law judge for visitation rights with them.

In order to do so, however, the individual petitioning for such rights must be able to demonstrate that his or her personal relationship with the child existed during the six months prior to the filing.

The law goes on to define the type of relationship that must have previously existed between the child and adult. To this end, Oregon law states that the individual must have either lived at the same residence or have retained physical custody of the child. The law also allows anyone that can demonstrate that they’ve actively taken care of the daily needs of the child within that time frame to petition the Court for visitation rights as well.

Any third party petitioning an Oregon judge for visition rights must be able to demonstrate that they meet some type of psychological and physical need for the child.

The individual filing the petition must be eligible to be granted visitation rights, guardianship or custody of the minor, also depending on what the judge feels is in the child’s best interest.

According to state law, a personal relationship that this third party needs to have with the child in order to qualify for one of the aforementioned rights must have existed for at least a year. It must be one of continuous companionship, mutuality, interplay and interaction. A judge will require the petitioning party to prove he or she shares this type of relationship with the child before awarding him or her visitation rights.

If your grandchild’s parents have withdrawn your ability to enjoy visitation with them, then a Salem family law attorney can advise you of your prospects of regaining them in your case.

Source: Live About, “Grandparents’ rights in Oregon,” Susan Adcox, accessed May 04, 2018