Is a grandparent required to pay child support if they get custody of a grandchild?
In Oregon, grandparent visitation and custody rights are protected by the Grandparents Rights Law. Under this law, a grandparent has the right to seek visitation with or even legal custody of a grandchild if it can be shown that it is in the best interests of the child. However, in the event that a grandparent does obtain custody of a grandchild, they may be required to pay child support. Grandparents who get custody of a grandchild are not automatically responsible for child support, as this would need to be taken up in court. The court may decide that the custodial grandparent is liable for child support if the non-custodial parent/s have the financial ability to pay for the grandchild’s needs. In other words, the grandparent may need to provide financial support for the grandchild if the non-custodial parent does not have the ability to provide financial assistance. That said, the court may also decide that the non-custodial parent has the obligation to pay the child support to the custodial grandparent, regardless of their financial ability, based on the best interest of the child. Ultimately, if a grandparent is seeking custody of a grandchild in Oregon, they should be aware that they may also need to take on the responsibility of providing financial support for the child.
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