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  1. #1
    mom of 4 is offline Junior Member
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    Grandparents rights in Oregon

    What is the name of your state?What is the name of your state? Oregon

    My parents are threatening to take me to court for visitation of my children.
    What rights do they have in the State of Oregon ? Can a judge award them visitation ?
  2. #2
    Shay-Pari'e is offline Senior Member
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    In Oregon, grandparents have the right to see their grandchildren if they are denied access and if it can be demonstrated that the legal parents do not act in the child's best interests.
  3. #3
    LdiJ is offline Senior Member
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    Quote Originally Posted by --PARIDISE--
    In Oregon, grandparents have the right to see their grandchildren if they are denied access and if it can be demonstrated that the legal parents do not act in the child's best interests.
    I am sorry but that isn't a very good answer. A former Oregon statute used that verbage, but that statute no longer exists.

    In Oregon grandparents have a statutory right to petition for visitation under certain circumstances. Unfortunately the way Oregon law is written there isn't just one law that governs this, but many different laws that apply to different circumstances.

    If your parents meet the requirements for standing they may sue. However, the ability to sue does not guarantee a win...nor does it guarantee them the type of visitation that they may want. The courts must give special weight to your decision, as a fit parent, and the burden of proof is on the grandparent.

    Oregon case law since Troxel has been predominently in favor of fit parents and their decisions.
  4. #4
    Shay-Pari'e is offline Senior Member
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    Quote Originally Posted by LdiJ
    I am sorry but that isn't a very good answer. A former Oregon statute used that verbage, but that statute no longer exists.

    In Oregon grandparents have a statutory right to petition for visitation under certain circumstances. Unfortunately the way Oregon law is written there isn't just one law that governs this, but many different laws that apply to different circumstances.

    If your parents meet the requirements for standing they may sue. However, the ability to sue does not guarantee a win...nor does it guarantee them the type of visitation that they may want. The courts must give special weight to your decision, as a fit parent, and the burden of proof is on the grandparent.

    Oregon case law since Troxel has been predominently in favor of fit parents and their decisions.



    Only one of the post-Troxel cases in the Oregon courts addressed grandparent visitation (Ring v. Jensen, Case Note 2 above). Ring is not a significant bellwether because it was not decided under Amended ORS 109.119 and the evidence (grandmotherís difficulty in obtaining adequate visitation) was clearly inadequate under the pre-Troxel or post-Troxel jurisprudence.


    Why make this so difficult ldj?
    Last edited by Shay-Pari'e; 06-25-2005 at 01:27 PM.
  5. #5
    stealth2 is offline Senior Member
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    What's she making difficult?
  6. #6
    mom of 4 is offline Junior Member
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    Quote Originally Posted by LdiJ
    If your parents meet the requirements for standing they may sue.
    Thank you for your answer.
    I was wondering if you could give some examples of requirements for standing. Or is that to big of a question to answer ?

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