Do Grandparents have any rights in a divorce? Divorce can be a challenging time for all parties involved, particularly if you’re a grandparent. Grandparents specifically do not have any rights in a divorce. However, anyone (including grandparents) with a significant relationship with the children may intervene in a divorce case regarding visitation and even custody as appropriate. The courts consider many factors to determine whether this is possible. Grandparents that co-own property with one of the divorcing spouses may be brought into the divorce as well.
Visitation Rights of Grandparents
In Oregon, grandparents may be entitled to visitation rights depending on the situation. They will need to petition the court and prove several things, including the benefit to the grandchild that visitation rights would provide. The court will consider not only whether visitation would benefit the child, but whether other requirements are met as well. This includes whether visitation has been unreasonably denied, whether the grandparent has recently been the child’s caretaker, and whether the grandparent-child relationship would interfere with the parent-child relationship. An attorney that specializes in grandparents’ rights can help you gather the appropriate information for court and prove that you are entitled to visitation if you meet the requirements.
Child Custody Rights of Grandparents
While it varies by state, in some situations in Oregon, it may be possible for a grandparent to obtain custody if it can be proven that the child is at risk for things such as parental abuse or neglect. Because these cases are complicated with many different factors to consider, it is recommended to seek the advice of a family law attorney.