Grandparent Visitation Petition - Oregon

PETITION FOR GRANDPARENT VISITATION

(Oregon — ORS § 109.119)

I. PARTIES

1.1 Petitioner(s) — Grandparent(s)

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Legal Parent(s) / Custodian

1.3 The Minor Child

II. JURISDICTION AND VENUE

2.1 Subject-matter jurisdiction. This Court has jurisdiction to grant visitation or contact rights to a person who has established a child-parent relationship or an ongoing personal relationship with the child under ORS § 109.119.

2.2 UCCJEA home state. Oregon is the home state of the minor child under the Uniform Child Custody Jurisdiction and Enforcement Act, ORS §§ 109.701 et seq., because:

☐ The child has lived in Oregon with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition; or

☐ Oregon was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in this State; or

☐ Other basis: [____________]

2.3 Venue. Venue is proper in [COUNTY] County because the minor child resides in this county.

2.4 Other proceedings.

☐ There are no other pending or prior proceedings concerning the custody, guardianship, or visitation of the minor child.

☐ There are other proceedings — Court: [____________]; Case No.: [____________]; Nature: [____________].

III. STANDING — RELATIONSHIP WITH THE CHILD (§ 109.119(1), (10))

3.1 Petitioner has standing to petition under ORS § 109.119 because Petitioner has established one of the following with the minor child (check the applicable basis):

☐ Ongoing personal relationship (§ 109.119(10)(e)) — a relationship with substantial continuity for at least one (1) year, through interaction, companionship, interplay, and mutuality. (This is the usual grandparent basis for seeking visitation or contact.)

☐ Child-parent relationship (§ 109.119(10)(a)) — a relationship existing (in whole or in part) within the six (6) months before filing, in which Petitioner had physical custody of, or resided with, the child and supplied food, clothing, shelter, and incidental necessaries, provided necessary care, education, and discipline, and which fulfilled the child's psychological needs for a parent as well as physical needs.

3.2 Supporting facts establishing the relationship checked above:

[____________________________________________________________]

IV. FACTUAL ALLEGATIONS

4.1 History of the relationship. Petitioner has had a significant relationship with the minor child, as follows:

[____________________________________________________________]

4.2 Circumstances leading to this Petition. Visitation or contact has been denied or unreasonably limited, as follows:

[____________________________________________________________]

V. CONSTITUTIONAL AND STATUTORY STANDARD

5.1 Special weight / rebuttable presumption (Troxel; § 109.119(2)(a)). Petitioner acknowledges that parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that there is a rebuttable presumption that the legal parent acts in the best interest of the child. Troxel v. Granville, 530 U.S. 57 (2000); ORS § 109.119(2)(a); O'Donnell-Lamont and O'Donnell, 337 Or. 86, 91 P.3d 721 (2004).

5.2 Burden to rebut the presumption — § 109.119(3). To obtain relief, Petitioner must rebut the presumption that the legal parent acts in the child's best interest:

☐ by a preponderance of the evidence (where a child-parent relationship is established under § 109.119(3)(a)); or

☐ by clear and convincing evidence (for visitation or contact rights based on an ongoing personal relationship under § 109.119(3)(b)).

5.3 Findings required — § 109.119(2)(b). Petitioner acknowledges that, in any order granting relief, the Court must include findings of fact supporting the rebuttal of the presumption that the legal parent acts in the child's best interest.

5.4 Petitioner alleges the following facts to rebut the presumption and to show that granting visitation or contact is in the child's best interest:

[____________________________________________________________]

VI. REBUTTAL FACTORS — § 109.119(4)(a)

6.1 In deciding whether the presumption has been rebutted and whether to award visitation or contact rights over the legal parent's objection, the Court may consider the following factors, which Petitioner alleges support the requested relief (check all that apply):

☐ (A) Petitioner is or recently has been the child's primary caretaker.

☐ (B) Circumstances detrimental to the child exist if relief is denied. (Per § 109.119(10)(b), "circumstances detrimental to the child" includes circumstances that may cause psychological, emotional, or physical harm to the child.)

☐ (C) The legal parent has fostered, encouraged, or consented to the relationship between the child and Petitioner.

☐ (D) Granting relief would not substantially interfere with the custodial relationship.

☐ (E) The legal parent has unreasonably denied or limited contact between the child and Petitioner.

6.2 Supporting facts:

[____________________________________________________________]

6.3 Child's preference (if of sufficient age and maturity).

☐ The child has expressed a desire to maintain a relationship with Petitioner: [____________]

☐ The child is too young to express a preference.

VII. PROPOSED VISITATION SCHEDULE

7.1 Regular visitation/contact. Petitioner requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Transportation / exchange. [____________]

7.4 Communication. Telephone/video contact: [____________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has established a child-parent relationship or an ongoing personal relationship with the minor child under ORS § 109.119;

B. Find that Petitioner has rebutted the presumption that the legal parent acts in the child's best interest, by the applicable standard of proof, and enter findings of fact supporting that rebuttal as required by § 109.119(2)(b);

C. Determine that an award of visitation or contact rights is in the best interest of the child;

D. Enter an order awarding Petitioner reasonable visitation or contact with the minor child pursuant to the schedule in Section VII, or as the Court deems just, including temporary visitation pending a final order;

E. Assess reasonable attorney fees and costs as the Court deems appropriate under § 109.119(7)(b); and

F. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

STATE OF OREGON )
COUNTY OF [____________] ) SS:

I, [PETITIONER NAME], being first duly sworn, state that I am the Petitioner in this action; that I have read the foregoing Petition; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PETITIONER NAME], Petitioner

Subscribed and sworn to before me this ___ day of __________, 20___.

_________________________________
Notary Public for Oregon
My Commission Expires: ___________

X. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[PETITIONER NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], OSB No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

XI. NOTICE TO RESPONDENT (SUMMONS)

TO THE RESPONDENT(S): You are required to appear and defend against the Petition for Grandparent Visitation in the court named above within 30 days after service of this summons, if service is made other than by publication. If you fail to do so, Petitioner may ask the court to grant the relief requested in the Petition.

NOTICE TO DEFENDANT: READ THESE PAPERS CAREFULLY!

You must “appear” in this case or the other side will win automatically. To “appear” you must file with the court a legal document called a “motion” or “answer.” Give it to the court clerk or administrator within 30 days, with the required filing fee. It must be in proper form and include proof that you served the petitioner's attorney or, if Petitioner has no attorney, Petitioner.

If you have questions, see an attorney immediately. For help finding an attorney, contact the Oregon State Bar Lawyer Referral Service at www.oregonstatebar.org, (503) 684-3763 in the Portland metropolitan area, or (800) 452-7636 toll-free elsewhere in Oregon.

Summons issued by: [PETITIONER OR ATTORNEY NAME AND SIGNATURE] Date: [__/__/____]

Post office address for service of papers: [________________________________]

XII. SERVICE RECORD

For an initial action served under ORCP 7, serve the summons with this Petition and any required affidavit. For an individual respondent, mail service requires both first-class mail and certified, registered, or express mail with return receipt requested; the respondent or an authorized recipient must sign the receipt. ORCP 7 D(2)(d)(i), D(3)(a)(i). The person who served process or completed the mailing must file the appropriate ORCP 7 F proof, including mailing circumstances and any return receipt. For a motion in an existing case, use the service rule applicable to that motion. Complete this record only after service.

Respondent: [____________] Date served: [__/__/____]

Method: ☐ Personal service ☐ First-class mail plus certified, registered, or express mail with signed receipt ☐ Other authorized method: [____________]

Server or mailer: [____________] Proof filed: [__/__/____]

SOURCES & REFERENCES

• ORS § 109.119 — rights of a person who establishes a child-parent relationship or ongoing personal relationship: standing (1); rebuttable presumption that the legal parent acts in the child's best interest and required findings (2); burdens — preponderance for child-parent relationship, clear and convincing for visitation/contact based on ongoing personal relationship (3); rebuttal factors (4); attorney fees and investigation (7); inapplicability to ORS chapter 419B proceedings (9); definitions, including "child-parent relationship," "circumstances detrimental to the child," "grandparent," "legal parent," and "ongoing personal relationship" (10).
• O'Donnell-Lamont and O'Donnell, 337 Or. 86, 91 P.3d 721 (2004) — Oregon Supreme Court construed § 109.119 consistent with Troxel; the parental presumption and rebuttal factors.
• Troxel v. Granville, 530 U.S. 57 (2000) — a fit parent's decision is entitled to special weight.
• ORS §§ 109.701 et seq. — UCCJEA; § 109.767 (affidavit).
• ORCP 7 C(2), C(3)(a) — 30-day response period and ordinary summons notice.

This Petition is a preparation aid only. Oregon grandparents proceed under ORS § 109.119 by establishing a child-parent or ongoing personal relationship and rebutting the statutory presumption that the legal parent acts in the child's best interest (clear and convincing evidence for visitation based on an ongoing personal relationship). Consult a licensed Oregon family law attorney before filing.