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Psychological Parents’ Rights - Visitation
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.
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Psychological Parents’ Rights - Visitation
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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