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Grandparent Rights
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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.
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.
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
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.
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.
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 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.
A person petitioning for custody under this statute must show a child-parent relationship. The statute defines "child-parent relationship" as follows
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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To file for divorce, either 1) the couple must have married in the state and at least one spouse must be a resident of Oregon or 2)the person filing for divorce has to have been living in Oregon for at least six months before filing the divorce papers in the county where the petitioner lives.
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