ORS 109.121¹
(Title not available: statute has been repealed or renumbered.)

[1979 c.776 §2; 1983 c.369 §2; 1987 c.810 §2; 1993 c.33 §291; 1999 c.477 §1; 1999 c.569 §7; repealed by 2001 c.873 §2]

Note

Repealed as of July 31, 2001

Notes of Decisions

ORS 109.123 and this sec­tion implicitly require that determina­tion of whether visita­tion by grandparents is in best interest of child be made only through factfinding process in evidentiary hearing. Machado v. Uri, 94 Or App 731, 767 P2d 106 (1989)

Where peti­tioner is "kindred" of child's natural father within meaning of ORS 109.041 (Relationship between adopted child and natural and adoptive parents) and parental rights of natural father have been terminated, natural paternal grandparent may not peti­tion for grandparent visita­tion rights under this sec­tion because right to peti­tion was abolished when son's parental rights were terminated. Mickey v. Beinhauer, 100 Or App 529, 786 P2d 1317 (1990), Sup Ct review denied

For purposes of this sec­tion, "custodian" means whoever has legal custody of child. Pointer and Pointer, 112 Or App 511, 829 P2d 1016 (1992), Sup Ct review denied

Where visita­tion rights of grandparent were not es­tab­lished prior to adop­tion pro­ceed­ing, grandparent lacked standing to collaterally attack validity of adop­tion pro­ceed­ing. State ex rel Costello v. Cottrell, 318 Or 338, 867 P2d 498 (1994)

Grandparent intervening in dissolu­tion ac­tion to obtain visita­tion order becomes party to dissolu­tion ac­tion and is subject to award of costs, disburse­ments and attorney fees under ORS 107.105 (Provisions of judgment) if visita­tion order is successfully ap­pealed. Holm and Holm, 323 Or 581, 919 P2d 1164 (1996)

Because notice and hearing are re­quired, court may not enter default. Jonte v. Adams, 146 Or App 497, 933 P2d 970 (1997)

Peti­tioner must make af­firm­a­tive showing that visita­tion would be beneficial to child. Sisson and Sisson, 170 Or App 480, 13 P3d 152 (2000)

Visita­tion that may adversely affect child may be denied without regard to character of peti­tioner. Sisson and Sisson, 170 Or App 480, 13 P3d 152 (2000)

Applica­tion of best interest test in regard to grandparent visita­tion is subject to rebuttable presump­tion that fit parent acts in best interest of child. Williamson v. Hunt, 183 Or App 339, 51 P3d 694 (2002)

2001 amend­ments to ORS 109.119 (Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship) apply to all ac­tions filed under this sec­tion and ORS 109.119 (Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship) regardless of filing date. O'Donnell-Lamont and Lamont, 337 Or 86, 91 P3d 721 (2004)

1 Legislative Counsel Committee, CHAPTER 109—Parent and Child Rights and Relationships, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­109.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 109, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­109ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.
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