What is Third-Party Custody?

December 29th, 2025
Posted By
Sarah M. Litowich
Grandma loves you the most

Key Takeaways

  • A grandparent or other third party who has continuously cared for a child may pursue third-party custody rights in certain situations.
  • A party seeking third-party custody must establish a “parent-child relationship” exists as outlined under Oregon law.
  • There are alternatives to third-party custody, such as guardianships, powers of attorney, and visitation.
Every family’s circumstances are unique. Sometimes, a parent is unable to care for their child and a grandparent, stepparent, or other party ultimately becomes responsible for raising them. In these cases, the “psychological parent” who has formed a strong bond with the child may seek third-party custody under Oregon law. If you are considering this option, it’s vital to understand how to establish your rights.

Establishing Third-Party Custody Rights

Oregon courts presume a parent acts in the best interests of their child. However, when it comes to third-party custody, this presumption can be rebutted by a preponderance of the evidence. This means it is more likely true than not that the parent is not acting in the child’s best interests. In such situations, the court can grant custody, guardianship, or visitation rights to a third party if a “parent-child relationship” exists and doing so would be in the best interest of the child. In determining whether the presumption has been rebutted and custody should be granted to a third party over a parent’s objection, a court would evaluate a number of factors, including whether:
  • The parent is unable or unwilling to care adequately for the child
  • The third party was recently the primary caretaker
  • There are circumstances detrimental to the third party is relief is denied
  • The legal parent has consented to or encouraged the child’s relationship with the third party
  • The legal parent has unreasonably denied or limited contact between the child and the third party
Notably, additional rights exist for stepparents. A stepparent who is divorcing the child’s biological parent may petition the court for custody, visitation, or adoption. They can also file a petition to modify child custody after dissolution proceedings have concluded.

Who Can Seek Third-Party Custody Rights?

Grandparents caring for a child is a common situation where third-party custody can arise. However, Oregon law allows anyone who has established a “parent-child relationship” to seek these rights. This can include stepparents, siblings, aunts or uncles, close family friends, and in some cases, foster parents. Oregon statute defines a parent-child relationship as one that existed for the previous six months or more where the third party had physical custody, or lived in the same household as the child. The party must also have supplied the child with (or made available) food, clothing, shelter, and incidental necessities, and provided care, education, and discipline. The relationship must have been a mutual one that continued on a daily basis through interaction and companionship and have fulfilled both the child’s psychological need for a parent as well as their physical needs. The time frame that constitutes a parent-child relationship for a foster parent is 12 months or more.

Are There Alternatives to Seeking Third-Party Custody?

Depending on the circumstances, there may be alternatives to seeking third-party custody. For temporary arrangements, parents can give a trusted person a power of attorney to make decisions for the child without seeking judicial intervention. A limited guardianship can also be implemented by the court if long-term arrangements are necessary and more stability is needed. In addition, a full guardianship can allow relatives to provide a permanent home for a child when the parents are unable to care for them due to incapacity, substance abuse, mental health issues, or imprisonment. Notably, guardianships do not terminate parental rights. Visitation rights for a grandparent or third party may also be available in some situations. If the party established a bond with the child and continued contact would be in the child’s best interests, the court may order visitation. The grounds for parties seeking visitation are similar to those for third-party custody and the party must overcome the presumption that the parents’ decision not to allow visitation is best. Specifically, a court would consider whether the party was the primary caregiver, was unreasonably denied contact, and denial of visitation would negatively impact the child. A judge would also consider whether the parent previously encouraged a relationship between the child and the party, and whether the visitation would interfere with the parent’s custodial relationship.

Contact an Experienced Oregon Custody Attorney

Seeking third-party custody can be a complex matter. It’s essential to have a knowledgeable attorney by your side who can help you navigate the legal process. Based in Salem, Litowich Law offers reliable representation for a wide range of family law matters throughout Oregon, including those involving third-party custody. We welcome you to contact us for a consultation.
Categories: Child Custody