Legal Question in Family Law in Oregon

Re: Grandparents Rights

The reality (and legality) under present law is that non-parents (such a grandparents) have very little rights when it comes to having contact, visitation and maintaining a relationship with someone else's child (even if the child happens to be your grandchild).

The law nowadays gives a parent a priority right to decide what other, nonparent adults are allowed into the child's life. Absent some very unusual sitation, the courts will not get involved and will not tell a parent what he or she must do. So far as the law is concerned, this is no different than the parent's right to determine where the child lives, where the child goes to school, what doctors and medical procedures the child will have, what religious affiliation (if any) the child will have, etc., etc.

In essence, parents have the right to raise their children in whatever way they want, without governmental intrusion, so long as they do not cross the line into the areas of abuse or neglect. The fact that a parent chooses not to let the child have a relationship with a grandparent does not amount to abuse or neglect. So the parent's decision, even if viewed by a judge an selfish and ill-advised, and not in the best intereses of the child, will nonetheless not be overruled by a judge.

Again, a judge may frown on a parent's decision to "home school" a child rather then sending the child to public school, or to raise the child as an atheist (with no religion), or to not allow the child to go to summer camp, etc., etc. But none of this constitutes unlawful or illegal actions on the part of the parent, so courts and judges are not going to step-in tell tell the parent how to raise his/her child. That is not the proper role of the government.

Oregon does have a law on the books, ORS 109.119, that lays out a legal procedure for having a judge review the situation, and possibly, under certain limited circumstances, order the parent to make the child accessible to a grandparent (or any other adult with whom the child as a child-parent relationship, or other significant personal relationship (as those terms are defined in the statute) for visitation purposes. But "deference" is required to be given to the parent's decision, so it is always an uphill battle to get a judge to overrule the parent's deicison. But you might want to pursue the ORS 109.119 procedure. Who knows? Perhaps a judge will see it your way and give you the relief you are seeking.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]