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.