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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4829
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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Do great aunts who have acted in the role of grandparent from

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Do great aunts who have acted in the role of grandparent from the birth of the child have any visitation rights that can be enforced through the courts?

texlawyer :

Good evening. I'll be assisting you with your question.

texlawyer :

In Oregon, grandparents or others with an "ongoing personal relationship" with the child do not have an absolute right to visitation, but that does not necessarily mean that they can't get court ordered visitation.

texlawyer :

If the parents are refusing a person with an "ongoing personal relationship" with the child access to the child, the court will presume the parent is acting in the best interest of the child. As such, the court will side with the parents by default. The person seeking visitation must overcome that presumption.

texlawyer :

In deciding whether the parent really is acting in the best interest of the child, the court will look at the following factors:

texlawyer :

  • The grandparent is or recently has been the child’s primary caretaker.

  • Denying the request for visitation would be detrimental to the child.

  • The relationship between the grandparent and the child has been encouraged or consented to by the parent.

  • Visitation would not interfere with the custodial relationship.

  • The legal parent has unreasonably denied or limited visitation.

texlawyer :

Hello. Do you have any questions?

texlawyer :

For reference, below is the Oregon law on this matter:

texlawyer :

If you have any qusetions, feel free to ask. If not, please remember to "rate" my answer. Good luck.

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