It’s based on the Troxel v. Granville case, which is a US case, so every state is going to have statutes that are similar to the Oregon statute. But in that case, for custody, Oregon requires that the person who is requesting custody has recently been the child’s primary caretaker; prove that the legal parent is unwilling or unable to care adequately for the child; prove that the child would be psychologically, emotionally, or physically harmed if the third-party intervener is not granted custody or visitation; prove that the legal parent at one time fostered, encouraged, and consented to the relationship between the child and the third party; and prove that the legal parent had, in recent times, unreasonably denied or limited contact between the child and the third party.
Those are some of things that you have to prove to obtain either custody or visitation rights in Oregon.
Laura Schantz, a Beaverton divorce and family lawyer and mediator has helped clients find creative solutions to complex financial matters involving asset division, spousal support, and child support. To learn more about Laura Schantz and her firm, visit www.oregondivorceattorney.com.