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II. Psychological Parents' Rights-Visitation
(provided by Mark Kramer, Esq.)
A.Authority: ORS 109.119
B.Eligibility
Any person (not necessarily a blood relative) who has maintained "an ongoing personal relationship with substantial continuity for at least one year, through interaction, companionship, interplay and mutuality." The person must show a substantial degree of contact with the child for a period of at least a year. The person does not have to show that he or she had physical custody, only a relationship and substantial contact with the child. This statute applies to blood relatives and nonblood relatives, including step-grandparents, stepparents and persons whose children have not established paternity. A petition may be filed in a new legal proceeding or through intervention in an ongoing Juvenile Court, guardianship or domestic relations proceeding.
C.Relief Available
If the court finds "from clear and convincing evidence" that visitation is in the best interests of the child, it may order reasonable visitation. "Clear and convincing evidence" is a higher legal standard than is normally required. It means substantially more than a preponderance of the evidence (more than 51 percent), but not as high a standard as that used in a criminal case--"beyond a reasonable doubt." Attorney fees are now available under this statute.
I. Grandparents' Rights
II. Psychological Parents' Rights-Visitation
III. Psychological Parents' Rights--Custody
IV. Intervention by Psychological Parents and Grandparents
V. Juvenile Court Proceedings
VI. Adoption
VII. Guardianship
Information provided by:
Mark Kramer, Esq. located at
http://www.kramer-associates.com
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