Grandparents And Visitation
ORS 109.119 — a relationship with the child, and a presumption that the parent acts in the child's best interest
The Oregon statute that governs is not limited to grandparents. Any person, a grandparent, stepparent, foster parent or other relative among them, who has established emotional ties creating a child-parent relationship or an ongoing personal relationship with a child may petition, or move to intervene in a pending custody case, for relief.
The parent is presumed to act in the child's best interest. In every such case the legal parent is presumed to act in the child's best interest. With a child-parent relationship, the presumption has to be rebutted by a preponderance of the evidence for custody, guardianship or visitation; with an ongoing personal relationship, by clear and convincing evidence for visitation or contact. Either way, relief must be in the child's best interest, and the order has to include findings supporting the rebuttal.
- The petitioner is or recently was the child's primary caretaker.
- Circumstances detrimental to the child exist if relief is denied.
- The legal parent fostered, encouraged or consented to the relationship.
- Granting relief would not substantially interfere with the custodial relationship.
- The legal parent has unreasonably denied or limited contact with the petitioner.
Those are among the factors a court may weigh for visitation. An ongoing personal relationship means one with substantial continuity for at least one year; a child-parent relationship has to have existed within the six months before filing. Juvenile dependency cases are excluded. Whether a particular relationship qualifies is a question for a licensed Oregon attorney.
Sources for this section (1)
- ORS 109.119 — Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.