The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2007 by Daniel H. Van Eaton Attorney & Counselor at Law. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
Two years ago the United States Supreme Court decided in the case of Troxel v. Granville that biological parents have a right to raise children without interference from the government and third parties. Parent’s custody rights are superior to the rights of grand parents who seek visitation rights. This decision forced the state of Oregon to rewrite their child visitation laws.
Grandparents are now treated the same as any other non-relative third party (psychological parent) that is attempting to seek visitation rights; they are not given a special status because they are grandparent. The new law has limited grandparent’s ability to obtain visitation of grandchild in hostile divorces, but it is possible for them to get grandparent visitation rights if the parent’s actions are extremely detrimental to the child’s well being.
So it is difficult to terminate parents’ custodial rights, but it is not impossible. It is not a question of who can provide a better environment; the parents or grandparents. Parental rights will only be terminated if the parents are committing acts that are harmful to the child. Factors that will aid in terminating a parent’s custody are:
Drug and alcohol use
Not providing for basic necessities for the child, including food, clothing, and shelter
Physical abuse of the child, especially by people allowed in the house
If there was past encouragement by the biological parent to let the child have a relationship with the grandparent
To schedule an initial consultation with a visitation lawyer contact Daniel Van Eaton today. For your convenience, our grand parent custody rights attorneys are easily accessible. In fact, our clients are free to contact us at any time; day or night.
Law Office of
Daniel H. Van Eaton
350 Mission Street SE Suite 101
Salem, Oregon 97302