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The types of guardianships discussed here are NOT guardianships that are created by a juvenile court in a dependency matter (when children are within the jurisdiction of the State of Oregon, such as in a foster care situation). Guardianships usually last until the minor child reaches 18 years of age.

If a Durable Guardianship is established, a parent with legal standing can request that the guardianship be vacated and the child returned to the parent's care. A parent does not have this right in a Permanent Guardianship.

Under Oregon law, a judge can appoint an adult to make important decisions about the care and well-being of another person. This is called a protective proceeding. In a protective proceeding, a judge can appoint a guardian, a conservator or both.

Parents typically get to decide whether their child sees their grandparents. Generally, a child's parents have the right to decide whether or not their child will see their grandparents. If parents don't live together, either parent can let the child see their grandparents during their parenting time.

There is no specific age at which a child can decide to refuse to visit with a parent or change custody arrangements without the court's approval.

The short answer is no, grandparents do not have automatic right to custody or visitation with their grandchildren. In fact, under Oregon law, grandparents are not generally viewed any differently than a third party.

In cases where a grandparent believes that their grandchild is in danger, it may be possible for them to seek a restraining or protective order as well as to seek custody. Generally, grandparents can seek custody of their grandchildren when the parents do not live together.

To admit such evidence, the court must decide that the child's preference also reflects the child's best interests. There is no hard and fast rule about how old a child has to be before a judge can consider what the child wants.

Grandparent Visitation in Oregon Oregon law presumes that a child's parents will act in the child's best interests. A grandparent seeking visitation must prove to the court that the grandchild's emotional and physical needs aren't being met by the parents and grandparent visitation would help meet those needs.