Oregon Grandparent & Second-Parent Rights

Evidence to Help Your Case

Grandparents or third parties who have had a continued relationship with a child may petition the court for custody or visitation with the child under Oregon’s psychological parent statute. In order to obtain custody or visitation rights to a child under the statute, the person must produce evidence to presumption that the legal parent acts in the child’s best interests.

Legal Requirements

​To be considered a psychological parent and receive custody or visitation under Oregon law, the person must have established an ongoing child-parent relationship with the child. This is often the case when a grandparent or stepparent has taken on a primary role in the child’s life.
 
A child-parent relationship may be established if:
  • The relationship exists within the six months preceding the filing of the petition
  • The person resided in the same house as the child, supplied the child with food, clothing, basic necessities, or shelter
  • The person provided the child with necessary care, education and discipline
  • The person’s interaction with the child continued on a day-to-day basis and fulfilled the child’s psychological needs for a parent.
  • The relationship must have been ongoing with substantial continuity for at least one year through interaction, companionship, interplay and mutuality.

Factors the Court May Consider

​There are many factors that the court may consider in determining whether to award visitation, custody, or guardianship rights to an individual who has established a child-parent relationship with the child, including:
  • The person is or recently has been the child’s primary caretaker
  • The legal parent is unwilling or unable to adequately care for the child
  • Circumstances exist that are detrimental to the child if the request is denied
  • The legal parent has fostered, encouraged, or consented to the relationship between the child and the person
  • Granting the request would not substantially interfere with the custodial relationship
  • The legal parent has unreasonably denied or limited contact between the child and the person

If a grandparent or third party is awarded custody of the child, that person may be entitled to child support payable by the child’s birth parents.

Protect Your Rights

​At Boender & Payment attorneys, we have the expertise to effectively argue your case and protect your grandparent or second-parent rights. Contact us today to ensure you have the best possible representation in your corner.

OFFICE INFORMATION

Boender & Payment Attorneys

800 Willamette Street, Suite 700
Eugene, Oregon 97401
Directions

Phone:  ​(541) 685-1288
Fax:  (541) 653-8224

AREAS SERVICED

​We are available to represent clients in Eugene, Springfield, Corvallis, Roseburg, Salem, Coburg, Albany, Creswell, Cottage Grove, Florence, Junction City, Oakridge, Veneta, Lincoln City, Marion County, Lane County, Benton County, Linn County, Douglas County, Deschutes County, and throughout Oregon.
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