Legal Question in Family Law in Oregon

Re: grandparent laws

QUESTION:

My 4 yr old grandson cries every time he has to go home, the mother did not know for sure who the father was until a paternity test was done. I have had him every weekend up until the mother moved away. I see him about 3 times a yr. My son is not paying her child support (he can barely take care of himself) so she wants to withhold my grandson from me. Can she?

ANSWER:

Yes. As a general rule, it is the right a parent to determine which non-parents (including other related family members) will be allowed to be involved in the child's life. Absent some compelling reason or circumstance for doing otherwise, it is not the role of the court to tell a parent that he/she must make the child accessible to a non-parent (including a grandparent).