Legal Question in Family Law in Oregon
grandparents rights
My brother lives in idaho with his wife and 3yr old girl. my mother and my brothers mother-in-law live in oregon. in a 3yr span my mother has been allowed to visit her grandchild 6 times. there is no history of abuse and the with holding of visitation seems unwarranted. what rights do grandparents have if any concerning visitation of their grandchildren?
1 Answer from Attorneys
Re: grandparents rights
Grandparents (GP) have rights under Idaho Code section 32-719 to get visitation if the court finds it is in the child's best interests to grant such rights. Generally this requires that the GP show that he/she has a substantial or significant relationship with the child, unless a parent has not allowed the GP to establish such a relationship. However, last year the United Statesd Supreme Court held that it is the parent's dedision to decide whether a GP should have visitation and how much that should be. I don't know the impact upon the Idaho statute however, since the USSCourt struck down the Washington statute that was the subject of the GP statute there. The statute is different than the Idaho one however.
I hope this helps you. However, it depends on whether the court finds it is in the best interest of the child for the GP to visit and how much visitation that should be. You also have the burden of proof which means that you must prove that it is in the best interests of the child by the greater weight of the evidence (something more than 50%) to win. My telephone number is 208-345-3817