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My 16 year old granddaughter wants to live with me. Can she without her father's permission? She has an unkind step-mother .

Clackamas, OR |

Can my 16 year old granddaughter choose to live with me when her father is out of town working? Her mother is deceased. Her step-mother is emotionally abusive to her when her father is not home. I have raised her nearly from the time she was 18 months old. We are very close. Can she live with me if she chooses to? - edit

Attorney Answers 1

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Having her move in with you without the father's consent or without a court order is legally risky at best. In Oregon, there is a presumption in ORS 109.119 that a legal parent acts in the best interests of their children, even if the "act' is to place a child with a stepparent over a grandparent. Oregon courts can provide remedies for third parties like grandparents to obtain visitation and contact rights, or even custody of children, but it can be a hard fight. You should talk to a local experienced family law attorney to see if ORS 109.119 can help your situation.

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