§9.2 Third-Party Custody, Guardianship, Or Visitation

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§ 9.2 THIRD-PARTY CUSTODY, GUARDIANSHIP, OR VISITATION

§ 9.2-1 Statutory Authority for Legal Contact Right

To initiate proceedings regarding legal custody, parenting time, visitation, or contact rights between an adult and a minor child, different statutes apply depending on the relationship of the participants to each other. In general, the different statutes that apply in these scenarios are as follows:

• Between a nonparent and one or more legal parents, over the parent's or parents' objection, ORS 109.119 (third-party relationship); see Epler & Epler, 356 Or 624, 632, 341 P3d 742 (2014);
• Between a nonparent and one or more nonparents (or if there is no formal opposing party, as in the case when both parents have died), ORS 125.300-125.330 (guardianship);
• Between two parents never married to each other, ORS 109.124-109.230 (filiation or custody/parenting-time actions);
• Between two parents currently or previously married to each other, ORS chapters 107, 108, and 109 (dissolution);
• Between one or both parents and the State of Oregon, ORS 419B.090-419B.929 (juvenile court dependency proceedings).

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