Legal Question in Family Law in Oregon

I am a stepmom and want to adopt my 10 year old stepson. Birthmom agrees, but her parents could be a problem. We are willing to give them some visitation, but want to deal with them as little as possible. If they don't like what we offer, can they disrupt the adoption?


Asked on 7/09/10, 11:53 am

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Probably not. They are grandparents, not parents. No need for consent from grandparents.

However, ORS 109.332 does make provision for grandparent visitation in stepparent adoption. The statute says:

(1) When a petition has been filed under ORS 109.309 concerning the adoption by a stepparent of a child, a grandparent served with a copy of the petition under ORS 109.309 (7) may file a motion with the court asking the court to award a grandparent the right to regular visitation with the child after the adoption. A motion under this subsection must be filed no later than 30 days after service of the petition.

(2) The court shall award a grandparent visitation rights only if the court finds by clear and convincing evidence that:

(a) Establishing visitation rights is in the best interests of the child;

(b) A substantial relationship existed prior to the adoption between the child and the grandparent seeking visitation rights; and

(c) Establishing visitation rights does not substantially interfere with the relationship between the child and the adoptive family.

LAWRENCE D. GORIN

http://ldgorin.justia.net/index.com

Law Office 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]

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Answered on 7/10/10, 11:59 pm


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