Are grandparents allowed to file for custody of a grandchild?

In Oregon, grandparents are allowed to file for custody of their grandchild in certain situations. Grandparents may pursue custody in an adoption, guardianship, or custody proceeding. However, the court must find that it is in the best interests of the child to grant the custody petition. In addition, the grandparents must prove that one of the following conditions is true: (1) the parents of the child are unwilling or unable to provide proper care and the grandparents are willing and able to provide proper care; (2) the child has resided with the grandparents for a period of at least six months and is now being removed; or (3) the grandparent can show that awarding custody to them is in the best interests of the child. Oregon courts recognize the importance of maintaining a close relationship between a grandparent and grandchild. Therefore, when considering a grandparent’s petition for custody, the court will first attempt to determine whether the grandparent can provide the care and stability that the child needs. Additionally, the court will consider the existing contact between the grandparent and grandchild, and the grandparent’s ability to serve the child’s best interests. Ultimately, it is up to the court to decide if custody will be awarded to the grandparents or another party. Therefore, it is important for grandparents in Oregon to consult an attorney before seeking custody of a grandchild.

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