Grandparent Rights - Oregon Divorce Source

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Any person may seek to adopt a child. However, an adoption will not be granted unless the consent (or a waiver of the consent) is received from the child’s birth parents. If the child’s birth parents’ rights have been terminated, then SCF must give its consent to the adoption.

Grandparents and Psychological Parent Rights in Oregon after Troxel

In the seminal case of Troxel v. Granville, 530 US 57, 120 S Ct. 2054,147 L.Ed 29 (2000), the United States Supreme Court held that awarding visitation to a non-parent, over the objections of a parent is subject to constitutional limitations.

Grandparents’ Rights

To obtain visitation rights under this law, you must be a child’s grandparent who has attempted to establish ongoing personal contact with the child and been denied that contact by the child’s custodian. Only legally established grandparents are eligible

Guardianship in Oregon

Any person may apply to the court to become a guardian of a minor under ORS 125.055. Under another statute, ORS 109.056, a parent, through a power of attorney, can delegate their parental powers to another for a period not exceeding six months.

Intervention by Psychological Parents and Grandparents

Unless a person is allowed to intervene or granted rights of limited participation, they are not parties, are not given formal notice of legal proceedings, and are not entitled to formally address the Court. Both grandparents and psychological parents may seek to intervene in family law proceedings affecting a child.

Juvenile Court Proceedings

The State of Oregon may obtain legal custody of a child if the child commits an act which would be a crime of they were adult, or if the child is subject to abuse, neglect, or abandonment by the parent or custodian. The state may also obtain custody of run-aways.

Oregon Grandparent & Psychological Parent

Oregon law protects the rights of grandparents and others who have formed a relationship with a minor child. Grandparents may petition the court for visitation rights when their contact with a minor child is being unreasonably denied. If the court finds that visitation has been interfered with and contact is in the child’s best interest, it may order reasonable visitation. What is reasonable will depend upon the circumstances of each case.

Psychological Parents’ Rights - Custody

A person petitioning for custody under this statute must show a child-parent relationship. The statute defines "child-parent relationship" as follows

Psychological Parents’ Rights - Visitation

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.

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Oregon Courts decide child custody when the parents cannot. The court considers the best interests of the child when making a ruling. Child support payments are based on an income shares model. Each parent is required to contribute financially to their child's upbringing and each person's share is calculated in proportion to their income. Each parent must provide copies of his or her W-2s to verify income. Along with the income statements, the court considers each parent's ability to borrow funds, earning capacity, and the child's needs. The court may order the parent paying child support to buy a life insurance policy and keep it in force so that the child will still be supported if the parent dies before he or she reaches the age of majority.

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