What is the standard for grandparents to be awarded guardianship of a grandchild?

In Oregon, the standard for grandparents to be awarded guardianship of a grandchild is dependent on the circumstances of the case. Generally, a grandparent can request guardianship if they can show that it is in the best interest of the child. In Oregon, the court will consider various factors when assessing whether guardianship is in the best interest of the child. These factors include the child’s age and maturity, the quality of the grandparent-child relationship, the physical and mental health of the grandparent, the parents’ ability to care for and support the child, and the grandparent’s financial and emotional ability to provide for the child. Grandparents may also be able to request guardianship if the parent is deemed “unfit” by the court. This term can mean anything from severely neglecting the child, to being mentally incapacitated, to having a drug or alcohol addiction. If the parent is deemed unfit, the court may grant guardianship to the grandparent if they can show that the grandparent can provide adequate care for the child. In all cases, the court may consider other factors such as the grandparent’s criminal history, any history of sexual or physical abuse, the child’s wishes if they are of sufficient age and maturity, and the grandparent’s connection to the child’s extended family or community. Ultimately, the court will decide guardianship based on what is in the best interests of the child.

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