Can a grandparent file for custody of their grandchild?

In Oregon, a grandparent may be able to file for custody of their grandchild if they meet specific requirements. Under Oregon’s Grandparents Rights Law, when a grandchild’s parents are unmarried at the time of the grandchild’s birth, then either parent’s parent may file for custody. Additionally, the grandparent must show that the grandchild is subject to “risk of substantial harm” or “inadequate care,” and that it is in the best interest of the grandchild for the grandparent to be granted custody. If the grandchild’s parents are married, then a grandparent must prove that the grandchild’s parents have legally separated, or one of them has died. Grandparents may also be able to file for custody if they have been in a long-term relationship with the grandchild, or if they are able to document that the grandchild’s parents are unfit to provide proper care for the child. In all cases, the court will decide whether it is in the best interest of the grandchild for the grandparent to be granted custody. The court will consider arguments from both parties and take into account any relevant evidence to make its decision. If the grandparent’s petition is approved, then the court will issue an order to grant the grandparent legal custody of the grandchild.

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Can a grandparent file for custody of their grandchild?

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