Legal Question in Family Law in Oregon
Grandparent visitation rights
I have a strained relationship with ex-in-laws. My first wife died and I have since remarried. I would like to know what are the legalities of grandparent visitation rights in Oregon and the USA. Could they force visitation with my children? Could I block access? There are no legal issues with them to date, I would simply like to get informed.
Thank You
1 Answer from Attorneys
Re: Grandparent visitation rights
QUESTION: Could they force visitation with my children?
ANSWER: Maybe.
QUESTION: Could I block access?
ANSWER: Maybe.
Under Oregon law, ORS 109.119, since you are the child's only parent and you have legal custody, the law initially gives you full and total control over who has access to your child. And the law PRESUMES that your decisions with regard to contact, access and visitation by grandparents (or others who have a significant relationship with the child) are in the best interests of the child. It is, however, a "rebuttable" presumption. If the grandparents can persuade a judge that your decisions regarding their access to the child is inconsistent with the best interests of the child (along with other relevant factors described in the applicable statute) it is possible that a judge might order you to make the child accessible for grandparent visitation.
The law in this area is complex and ever-evolving, Best advice is to discuss the facts and circumstances of your particular situation with a competent, experienced family law lawyer. Sugguest you call Daniel Margolin in Portland. 503.222.9830.