Grandparent visitation in stepparent adoption
(1) When a petition has been filed under ORS 109.309 (Petition for adoption) concerning the adoption by a stepparent of a child, a grandparent served with a copy of the petition under ORS 109.315 (Petition for adoption) may file a motion with the court asking the court to award a grandparent the right to regular visitation with the child after the adoption. A motion under this subsection must be filed no later than 30 days after service of the petition.
(2) The court shall award a grandparent visitation rights only if the court finds by clear and convincing evidence that:
(a) Establishing visitation rights is in the best interests of the child;
(b) A substantial relationship existed prior to the adoption between the child and the grandparent seeking visitation rights; and
(c) Establishing visitation rights does not substantially interfere with the relationship between the child and the adoptive family.
(3) As used in this section, “grandparent” includes a grandparent who has established custody, visitation or other rights under ORS 109.119 (Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship). [1993 c.689 §2; 1993 c.717 §10; 1995 c.90 §4; 2001 c.873 §7; 2003 c.258 §3; 2005 c.22 §88; 2013 c.346 §12]
Note: 109.332 (Grandparent visitation in stepparent adoption) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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