Oregon Court of Appeals Reviews Grandparent Custody Case

February 25, 2009


In this Oregon case, the trial court awarded temporary custody of Child to Grandparents while the divorce case was pending, determining that neither parent could adequately care for the child.  The trial court later awarded permanent custody of Child to Grandparents, based on testimony that Mother had a criminal history, had associated with criminals, and had used drugs.  The trial court also heard testimony that demonstrated Father’s inability to care for the child, based on his abuse of Mother.  Mother appealed this decision to the Court of Appeals. 
In reviewing the case, the Court of Appeals ruled that Grandparents had not overcome the statutory presumption that a parent acts in the best interest of her child.  In determining whether the presumption was overcome, the Court looked to the factors of ORS 109.119, and specifically whether “the legal parent is unwilling or unable to care adequately for the child.”  The evidence at trial did not address Mother’s current situation, but rather focused on her past situation, and thus did not meet the level of a current unwillingness or inability to care for Child.  Mother acknowledged and the Court agreed that a period of transition would be appropriate, given that the Child had been living with Grandparents since 2006.  The Court of Appeals instructed the trial court to establish an appropriate transition plan.
Read the Nguyen and Nguyen case: http://www.publications.ojd.state.or.us/A138531.htm