Do I have any rights of I am a grandmother that has never seen her granddaughter?
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Do I have any rights of I am a grandmother that has never seen her granddaughter?
She is now 8 years old.
Asked on September 10, 2015 under Family Law, Oregon
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Most state statutes require that a number of conditions occur before visitation rights to a grandparent can be granted. Many states mandate that the marital status of the parentsbe considered before a court will determine whether or not visitation is appropriate. In some of these states, the parents' marital status is considered only if the grandparent has been denied visitation by the parents. In still other states, marital status is considered only if the grandchild resided with the grandparents for a cetain period. Additionally, a minority of states require that at least one parent is deceased before visitation can be awarded by a court. Further, the court will make iany decision regarding visitation bywhat is in the best interests of the grandchild.
In OR, determination of grandparent visitation rights include consideration of the relationship between the grandparent and grandchild, as well as the relationship between the parent and child. It should be noted that adoption cuts off all visitation rights of grandparents.
At this point, you should consult directly with an attorney in your area. They can best advise further.
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