Legal Question in Family Law in Oregon

Re: 2nd marriage custody battle

As explained expertly by Mr. Gorin, there is a legal way for her to do this. The actual determination of the issue can only be resolved by a through examination of the facts.

I would be happy to discuss this issue with your brother.

Re: 2nd marriage custody battle

YOUR QUESTION:

my brother is getting a divorce from his second wife. He was given sole custody of his daughter by his first wife and she was never adopted by his second wife. The second wife is now trying to get custody by claiming that he is an unfit parent by documenting what time he goes home each night and if he has been drinking. Is there any legal way she can do this?

ANSWER: YES. Under Oregon law, if a non-parent has has developed a "child-parent relationship" (as defined in the statute) with the child, an action may brought seeking custody and/or visitation rights.

ORS 109.119. (1) Except as otherwise provided in subsection (9) of this section, any person, including but not limited to a related or nonrelated foster parent, stepparent, grandparent or relative by blood or marriage, who has established emotional ties creating a child-parent relationship or an ongoing personal relationship with a child may petition or file a motion for intervention with the court having jurisdiction over the custody, placement or guardianship of that child, or if no such proceedings are pending, may petition the court for the county in which the child resides, for an order providing for relief under subsection (3) of this section.

(5) In addition to the other rights granted under this section, a stepparent with a child-parent relationship who is a party in a dissolution proceeding may petition the court having jurisdiction for custody or visitation under this section or may petition the court for the county in which the child resides for adoption of the child. The stepparent may also file for post-judgment modification of a judgment relating to child custody.

(10) As used in this section:

(a) �Child-parent relationship� means a relationship that exists or did exist, in whole or in part, within the six months preceding the filing of an action under this section, and in which relationship a person having physical custody of a child or residing in the same household as the child supplied, or otherwise made available to the child, food, clothing, shelter and incidental necessaries and provided the child with necessary care, education and discipline, and which relationship continued on a day-to-day basis, through interaction, companionship, interplay and mutuality, that fulfilled the child�s psychological needs for a parent as well as the child�s physical needs. However, a relationship between a child and a person who is the nonrelated foster parent of the child is not a child-parent relationship under this section unless the relationship continued over a period exceeding 12 months.