Osborne vs. Osborne

Our client had lost custody of her child many years prior due to drug use. She was able to regain custody after a rather lengthy process. The child's Great Grandmother had had custody during those years. When Tanya regained custody the Great Grandmother had been give formal residential time. Tanya was able to find good employment in Portland and tried to move. The Superior Court agreed that because of the US Supreme Court Decision in Troxell, non-parents had not right to any residential time if a parent was the primary custodian. Division One of the Court of Appeals took the case and looked at the case as a relocation case rather than a non-custodial case and determined that anyone with residential time under any parenting plan, had the right to notice, even if the statute did not give them such notice.