GRANDPARENT'S RIGHTS

Helping You Navigate Grandparent's Rights in Oregon

Biological and adoptive parents have the right to raise their children as they wish without third-party interference. A third-party can refer to anyone outside of the parental category that the child may have established a "child-parent" relationship with, such as grandparents. In Oregon, grandparents do not have intrinsic rights to their grandchildren; however, if they have close emotional ties with their grandchildren, they may be able to file for visitation, guardianship, or custody.

 

Our Union County grandparent's rights attorney is backed by 19 years of experience and has helped countless families navigate the complex legal situation. Our firm is dedicated to getting to know our clients on a personal level so that we can provide a solution that perfectly meets their needs. We provide constant communication throughout the case, as well as compassionate legal guidance.

 

When Can a Grandparent File for Visitation Rights?

Since the law gives biological and adoptive parents priority in the raising of their children, it must be proven that visitation would be in the best interest of the child.

 

The following are a sample of the factors which are taken into consideration:

  • Whether the grandparents filing the petition are or recently was the child's primary caretaker

  • Whether the child's circumstances are detrimental if left the same

  • Whether the legal parent has encouraged or consented to the relationship with the grandparent

  • Whether granting visitation would interfere with the custodial relationship

  • Whether the legal parent has unreasonably denied contact between the child and grandparent

 

When Can a Grandparent File for Custody?

To file for custody, it must be proven that the legal parents are unfit to care for the child. If at any time in the future, the parents are deemed fit to care for the child again, custody may be returned to them.

 

The following are a sample of the factors which are taken into consideration:

  • Whether the parents are unwilling or unable to provide sufficient care for the child

  • Whether the grandparent filing the petition has been the child's primary caretaker recently

  • Whether the child's circumstances are detrimental if left the same

  • Whether the legal parent has encouraged or consented to the relationship with the grandparent

  • Whether the legal parent has unreasonably denied contact between the child and grandparent

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© 2021 Laura Eckstein Law. All Rights Reserved. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

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