Can a grandparent be awarded custody if there are concerns about the health and safety of their grandchild?

Yes, a grandparent can be awarded custody of their grandchild in Oregon if there are concerns about the health and safety of their grandchild. According to Oregon’s Grandparents Rights Law, a grandparent may be granted custody if it is determined that “the child’s parents are unfit or unable to care for their child and that it is in the best interests of the child.” The Grandparents Rights Law also states that a court shall consider relevant evidence, including any allegations of abuse or neglect, when determining whether the grandparent should be awarded custody. In addition, the Grandparents Rights Law allows other non-parent individuals, like a grandparent, to file a petition for custody or guardianship of their grandchild. The court must then take into consideration the best interests of the child, examining factors such as “the emotional ties between the petitioner and the child” and the “capacity and disposition of the petitioner . . .to provide the child with necessary care and control.” Ultimately, the court must weigh the potential harms of awarding the grandparent custody of their grandchild against the potential harms of the grandchild remaining with their parent.

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Can a grandparent be awarded custody if there are concerns about the health and safety of their grandchild?

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