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Grandparent’s rights in Oregon

On Behalf of | Mar 8, 2017 | Child Custody, Firm News |

Oregon law no longer has provisions for the visitation rights of grandparents. The current law does make provisions for non-parent visitation, according to The Spruce. If the child’s parents are not allowing grandparents the right to visit with the child, there may a chance to petition the court for visitation. However, it must be proven that the grandparent has a substantial relationship with the child, and the grandparent must be able to prove this relationship exists. In addition, it must be shown that denying visitation would harm the child in some way.

The Oregon Bar Association notes that visitation rights for grandparents are not conditional upon the parental situation. For example, if the child’s parents get a divorce, this will not affect the grandparent’s visitation order. This is all dependent on whether visitation is granted by the court or through an agreement met using a mediator.

In some cases, grandparents may want full custody of a grandchild. In order to get custody of a grandchild, a person must prove the child’s parents are unfit. This means it is otherwise detrimental for the child to remain in their custody and the child would be better off with the grandparent. A grandparent may also seek temporary custody or have legal guardianship. Guardianship authorizes a grandparent to act as a parent including being able to sign the child up for school, provide him or her with health insurance and even collect child support from the parents. A guardianship is awarded by a court.