Restraining Order
My mother inlaw is addicted to pain meds and refusing to seek any help. Last night she tried to commit suicide by overdosing. Is there any legal action that I can take to keep her away from my children legally and permanently until she seeks the needed rehab help and can stay clean for a long extended period of time? She says that I can't keep the grand kids away from her, however my children (ages 5 yr, 2 yr, and 6 mo) do not need to be subjected to her behaviors.
Re: Restraining Order
Under Oregon law, in the absence of a court order directing otherwise, your minor children are under your exclusive control and you have the absolute right to determine what other non-parent adults (such a grandpareents) are permitted to have contact with the children and the circumstances under which such contact, if allowed, will occur.
Under Oregon law, the status of being a grandparent does not give rise to any automatic right to have contact or a relationship with grandchildren. Nor are you under any legal obligation to let that happpen.
While there is an Oregon law, ORS 109.119, that set for a procedure that allows a grandparent to seeking a court order compelling visitiation, it is the policy of the law to respect the decision of the parent regarding grandparent visitation, and the court will not overrule the parent's decision unless the judge is persuaded that the parent's decision is clearly and convincingly against the best interests of the child. And until and unless that happens, you are in complete control of the situation.
LAWRENCE D. GORIN
http://www.divorcesource.com/OR/pages/ldgorin.html
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
Telephone: 503.224.8884
Fax: 503.226.1321
E-mail: [email protected]
