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Discussion. In Order For Nonparents To Gain Custody Of

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Discussion
In order for nonparents to gain custody of children, they must establish a child-parent relationship; they must be able to rebut the presumption that the legal parent acts in the best interest of the child. Or.Rev.Stat. §109.119 (2015). The nonparents can rebut this presumption by proving that the legal parent is either unwilling or unable to care for their child. Id. The petitioner for custody is or has been the child’s primary caretaker. Id. If relief is denied the circumstances will be detrimental for the child. Id. The legal parent has fostered, encouraged or consented to the relationship between the children. Id. Lastly, the legal parent must unreasonably deny or limit contact between the child and the petitioner. Id. The …show more content…

She filed for custody after the mother was involved in a car accident and the child was placed under the grandmother’s care more frequently. Id. at 1212 The court found that the grandmother did show evidence of a child-parent relationship because this threshold requires a nonparent to care for a child on a day-to-day basis and have physical custody of the child for longer periods than weekends while the parent is working. Jensen, 168 P.3d at 1214.
In contrast, the case In Re Southard, 365 P.3d 1089 (2015), the court found that the nonparent should have custody of the child due to a child-parent relationship. In this case, the mother had married two men Southard and Larkins twice. Southard, 365 P.3d at 1092. The result of these multiple unions was three children. Southard, 365 P.3d at 1092. At the end the mother’s fourth marriage with Southard, he received custody of all three children including AR who was not Southard’s biological child, but Larkins. Id. The mother petitioned for custody, but custody was denied. Id. The court found that Southard had physical custody of AR for a year and had developed a child-parent relationship. Id. The court also decided that the time Southard spent with AR were not caused by custodial inference, but by the marriage of the mother and Southard. Id. at 105.
In our present case with the Trents and their nieces Heather and Erin, the threshold has been met. Ada and her husband

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