Grandparent visitation rights in Oregon could be disputed considering the validity of state laws governing such visitation. Nevertheless, the best interest of the child is given utmost precedence, and visitation is considered a critical factor that could influence a child’s psychological and emotional well-being. Although Oregon’s Constitution recognizes parents’ privacy right, grandparents are given the opportunity to assert their visitation rights. This article discusses everything you need to know about grandparent visitation rights in Oregon.
Oregon’s Grandparent Visitation Rights
Oregon revised statutes grant grandparents the right to petition the court to preserve or establish child-parent relationships, including visitation rights. To do this, the grandparent should first file a request or application with the court that issued the original custody order. Generally, the request should include details about the grandchild’s relationship with the grandparent, including reasons why the grandparent is requesting visitation rights and how the visitation could benefit the grandchild.
Circumstances That Allow Grandparents Visitation Rights
Oregon allows grandparents visitation rights if:
The Parents Have Divorced
If the grandchild’s parents filed for divorce, the court can grant visitation rights to grandparents, provided that the visitation order is in the best interest of the grandchild. Grandparents should file their petition within six months after the divorce decree’s entry because the court cannot order grandparent visitation after six months have elapsed, except within specific circumstances.
The Parent Has Passed Away
In cases where one parent dies, the grandparent could file a petition to the court for visitation rights. However, if there is already a visitation arrangement in place, the grandparent could only petition the court to modify or amend the existing order.
The Parents Were Never Married
If the parents of the grandchild were never married, the grandparent could petition the court for visitation rights. This, however, applies when the grandparent’s son is the father of the grandchild.
The Child Lived With the Grandparent for At Least Six Months
Under these circumstances, grandparent visitation rights could be established when a grandchild has lived with them for at least six months and was removed from the grandparents’ home by the parent(s).
The State Removed the Child From the Parent
In situations where the state removes the child from a parent’s custody and places them in foster care arrangements or other caregiver arrangements, the grandparent who has a pre-established, significant and ongoing relationship with the child could file a petition for visitation rights.
Considerations The Judge Makes In Deciding A Grandparent Visit Petition
The judge considers many factors before granting or denying a grandparent’s visitation petition. Such factors may include:
- Whether the visitation would be in the best interests of the child
- The reason why the grandparent wants the visitation, including how it benefits the child
- The nature of the relationship between the grandchild and the grandparent
- The frequency and duration of past and current visits between the grandchild and grandparent
- The impact of the visitation on the parent-child relationship
- Any history of domestic violence or child abuse
- The grandparent’s ability to provide child support, both in material and emotional terms
Conclusion
Grandparent visitation rights could be critical to a child’s healthy mental and emotional development. However, Oregon laws have specific conditions that must be met before the court grants visitation rights for grandparents. If you are a grandparent or relative seeking visitation rights, you must work with a skilled family law attorney to file a petition and navigate Oregon’s grandparent visitation process.