Legal Question in Family Law in Oregon

ANSWER:

ORS 109.119 (1): Any person, including a grandparent, who has established emotional ties creating an ongoing personal relationship with a child may petition the court for an order providing for relief under subsection (3) of this section.

ORS 109.119 (3)(b): If the court determines that an ongoing personal relationship exists and further determines by clear and convincing evidence that the actions of the parent in not allowing for grandparent visitation are contrary to the best interests of the child (thereby rebutting the legal presumption that otherwise runs in favor of the parent), the court shall grant visitation or contact rights to the person having the ongoing personal relationship, if to do so is in the best interest of the child.

In sum, the status of being a grandparent does not automatically give rise to any legal right to contact or visitation with a grandchild over the objection of the child's parent. As a general proposition of law, parents have a legal right to control and determine what other adults will be permitted to have contact with the child. The law presumes that the parent's choices and decisions in ths regard are make in the best interests of the child, and therefore are given priority and preference. With certain limited exceptions (e.g.,withholding needed medical care), it is generally not the prerogative of the government, through judicial orders, to override the decisions and choices of a parent, and this is true even if the judge disagrees with and disapproves of what the parent is doing.

LAWRENCE D. GORIN

http://ldgorin.justia.net/index.com

Law Office of L.D. Gorin

6700 S.W. 105th Ave., Suite 104

Beaverton, Oregon 97008

Phone: 503-716-8756

Fax: 503-646-1128

E-mail: [email protected]